Sims v. State

The evidence of tbe guilt of appellant is clear and uncontradicted. In fact, no defense was made in the lower court. When the state was through with its evidence the defendant made the following motion:

“Comes now the defendant and moves • the ‘ court to direct the jury to return a verdict of not guilty in this case, for the reason that the .testimony introduced in the case is the same testimony that was introduced by the same witnesses in the trial of T. E. Sims on the 15th day of May, 1911, in which the defendant was charged with selling whisky to J. S. Douglas, and the same testimony has…