Best v. State

On Motion for Rehearing.

HAWKINS, J.

There is now on file in this court a statement of facts, and a sufficient showing made excusing appellant and his attorney of negligence in regard to the matter, and which also warrants consideration of the bill of exception.

Under authority of a search warrant, officers found in a safe in appellant’s place of business two gallons and a pint of whisky, which was in one-half gallon jars, quart járs, and pint bottles. According to the officers’ version, appellant denied having any whisky there and said he had no key to the safe, telling them there was only one…