Martin v. State

In view of appellant's insistence we have re-examined the evidence and are confirmed in the view that no issue was raised as to appellant's lack of knowledge of the presence of whiskey in the wagon, which called for giving the special charge upon that subject. The case of Gilbreath v. State, 98 Tex. Crim. 80,263 S.W. 922, under the facts therein appearing, does not in our opinion furnish a precedent demanding the charge requested.

We are unable to draw the fine distinction insisted upon as to the statement of the witness Wise when he says as appellant passed witness' house he was "apparently…