Howle v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

The evidence is accurately and fully set out in the original opinion. Appellant contends that the evidence does not show the commission of an offense. That the appellant was in possession of a jar of whisky; that upon the approach of the officer’s car the appellant fled, taking with him the whisky; that he abandoned it when the officers pursued him, were undisputed facts before the jury. The distance which the intoxicating liquor was moved has not been regarded as the sole test, but the circumstances surrounding the transaction are important in…