Tiller v. State

The plaintiff in error, hereinafter called defendant, was convicted in the county court of Muskogee county on a charge of selling whisky, and sentenced to serve a term of 90 days in the county jail and to pay a fine of $100.

The sufficiency of the evidence to sustain the judgment is not questioned, and discloses that on August 23, 1924, the state’s witness Hefley, in company with the state’s witness Davis bought whisky from defendant. The defendant did not take the stand and offered no evidence. The first contention made is that the court erred in not striking the case from the assignment, for…