McBee v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

The testimony of Bratton, while qualified as to the identity of the seller, is certain to the point that he acquired the liquor from the man who Bratton took to be the appellant. Bratton’s testimony, as understood, may be summarized as follows: He and Lang went to the domicile of Lemons to get whisky. McBee was seen but Lemons was not. Upon being informed that Bratton and Lang wanted to buy whisky, McBee said he had none. Some one called McBee and he started toward the house. After a few minutes he returned and said to Bratton and Lang, “Come on…