Arias v. State

HARPER, Judge.

Appellant was convicted of pursuing the business of selling intoxicating liquor in prohibition territory.

There are but two questions presented in the motion for new trial, one alleging newly discovered testimony and- the other claiming the testimony is insufficient to sustain the verdict.

As to the newly discovered testimony, Joe Cude testified on the trial that he saw appellant make sales of whisky to F. A. Schott; that he was standing by the wall and looked through a crack in the wall. Appellant alleges that he did not know Cude would so testify, and if given a new trial he can…