Austin v. State

ON MOTION FOR REHEARING.

HAWKINS, Presiding Judge.

In his motion for rehearing appellant insists that his bill of exception number four presents error for which the judgment should be reversed.

Said bill complains of a portion of the testimony given by the witness Pelphrey who was an inspector for the Liquor Control Board of the State of Texas. In order to properly appraise the bill in question it is necessary to state that the three bottles of whisky found in appellant’s possession did not have upon them the stamp tax evidencing payment of the tax due the State. It was appellant’s contention…