Livingston v. State

CATES, Judge.

Livingston was convicted of transporting (Code 1940, T. 29, § 187, the five-gallon law). After adjudging him guilty and exhorting him by way of allocution, the trial judge sentenced Livingston to a term of thirteen months in the penitentiary. Hence he appeals.

*581i.

On the night of March 4, 1966, “about first dark,” Mr. C. E. Ward, an agent of the ABC Board (T. 29, § 5), was on “still” watch near St. Jude’s Hospital, Montgomery. A ’65 Dodge went in the hospital parking lot. Then “a couple of minutes” later another car drove in.

The agent went to the second car. The driver and a…