Scroggins v. State

CHRISTIAN, Judge.

— The offense is selling intoxicating liquor ; the punishment, confinement in the penitentiary for two years.

No bills of exception are brought forward.' A state’s witness testified that appellant sold him a pint of whiskey. Testifying in his own behalf appellant denied that he made the sale. In exercising their prerogative of passing upon the credibility of the witnesses and the weight to be given their testimony the jury were warranted in returning a verdict of guilty.

Motion for a new trial was based on newly discovered evidence. It is recited in the order overruling the…