Wagner v. State

on rehearing.

March 20, 1908.

BAMSEY, Judge.

The motion for rehearing in this case raises a number of questions. The only one which we deem it necessary to notice is the assignment questioning the correctness of the opinion, which in effect held that it was competent for the State to offer evidence in confirmation of its claim of the unlawful sale of intoxicating liquors, that the seller had contemporaneously with such sale, in his possession a large amount of whisky. The motion attacks this position with great vigor, and contends that the opinion of the court is at variance with the former…