Whatley v. State

The only assignment of error was on the general grounds of the motion for a new trial. The evidence was in part: “I was standing in front of the café, and Joe [defendant] drove up in his, car and asked me to bring him a sandwich, and I brought him the sandwich, and then he said he was going inside, and I told him not to go in. His father had asked me to tell Joe to go home. I thought he was intoxicated. I smelled something on him -that smelled like liquor. He went in the café and ordered him something to eat and sat up by the counter. John Davis was sitting by him and they got to talking. I…