Yates v. State

RICE, Judge.

Appellant, tried de novo, after appealing to the circuit court from a conviction in the county court, for the offense of violating the prohibition laws by having whiskey in his possession, was assessed a fine by the jury, properly sentenced for the payment thereof, and given an additional sentence by the court to serve imprisonment at hard labor for the county for the term of twelve months. Code 1940, Title 29, Secs. 98, 99.

Upon his appeal from the county court to the circuit court, or shortly thereafter, he filed his plea of “not guilty.” When the case came on for trial, some…