Foster v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

On direct examination the testimony of Carl Miller, the alleged purchaser, was positive that he purchased whisky from Guy Foster, the appellant. On cross-examination he admitted that out of court he had claimed that he got the whisky from another party named Rawley, and did not at that time state that he got it from Guy Foster, but that when he learned that he would be prosecuted for transporting whisky, he told the truth about the matter, namely, that he bought the whisky from Foster.

In his motion for rehearing the appellant insists that the…