Rees v. State

On Motion for Rehearing.

MORROW, P. J.

According to the testimony of Malone, the sheriff, he observed an automobile traveling in the direction of the fair grounds. The car was followed by the witness to a point near the fair grounds, where it was parked. The sheriff parked his car at a different place, and went into the fair grounds with .his companion, Wright; they taking different courses. The sheriff met the appellant and his brother, Carl Rees, traveling on foot. Upon calling to- them, Carl Rees dropped a bottle. Appellant was in possession of a bottle of whisky. The sheriff reached for it,…