Andrews v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge. —

According to the testimony of the witness, J. A. Rogers, who testified upon the trial in behalf of the State, while sitting in a little store in the village of Needmore, he observed four men approaching. Two were in ' a hack and two were riding horseback. The men, one of whom was the appellant, entered the store, purchased and ate some articles of food. While in the store, the parties, according to the witness, were talking loud, and the witness smelled the odor of whiskey. The witness went out of the store before the appellant and his…