Holmes v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of violating the local option law, his punishment being assessed at a fine of $50 and twenty days imprisonment in the county jail. .

There is a direct conflict in the evidence. The State’s witness swears positively to having bought a pint of whisky from appellant for which he paid him seventy-five cents. The evidence is rather cogent for appellant, showing that he did not sell or even have any whisky at the time indicated. This only shows a conflict in the evidence which was settled by the jury. The information alleges that the prosecution was…