Lenz v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

From the record in this case we observe that the state introduced only Mr. Blair in making out its case in chief. He swore that on a certain night he went to appellant’s house and bought from him a quart of whiskey, for which he paid. §3.00. Appellant then took the stand and testified that he did not sell any whiskey to Blair; that he had no whiskey on his place, either that night or the day following when the officers with a search warrant came and searched his place. Appellant’s wife also swore that he had' no whiskey on the place. In its rebuttal…