Garner v. State

J. M. (Bud) Garner, hereinafter referred to as defendant, was charged jointly with H. E. Jutson in the county court of Bryan county, with the crime of unlawful possession of intoxicating liquor. After a severance was granted by the trial court, Garner was tried by a jury which returned a verdict of guilty and fixed the punishment to be a fine of $50 and a term of 30 days in the county jail.

The state used two witnesses, and being the two officers who made the arrest and obtained the whiskey involved, and the defendant testified, but offered no evidence. Defendant had denied that the whiskey…