Wilson v. State

ON REHEARING.

March 12, 1913.

PRENDERGAST, Judge.

There are but two questions necessary to pass upon which are urged in the motion for rehearing. The first is appellant’s complaint of the third paragraph of the court’s charge on the ground that it “was calculated to lead the jury to believe that two sales of intoxicating liquor within three years preceding the filing of the indictment will establish the offense with which the defendant is charged, and is on the weight of the evidence.” He contends that a charge substantially if not literally as this was condemned and held erroneous by this court…