Blackwell v. State

CATES, Judge.

Blackwell was convicted of violating the “five-gallon” law and sentenced to three years in the penitentiary.

The sufficiency of the evidence has been preserved in this record in three instances, i. e., (1) by defendant’s moving to exclude the evidence made at the close of the prosecution’s case, (2) by the State’s moving for the affirmative charge (with hypothesis) at the conclusion of all the evidence, and (3) by the defendant’s moving for a new trial.

The State contends that its evidence proved that Blackwell was arrested while driving in a dry county. He said, “You caught me,…