James v. State

Appellant was convicted of violating the local option law, and his punishment assessed at a fine of $50 and twenty days confinement in the county jail; hence this appeal.

The evidence presents two theories, both of which should have been properly presented to the jury. However, the court seems to have ignored the theory based on the prosecutor's testimony, and to have tried the case solely on the testimony adduced by appellant. As we understand the State's testimony, it shows that prosecutor Mappin was an attache of a traveling show, then at Honey Grove, Fannin County; that he and a colored…