Brown v. State

ON SECOND MOTION FOR REHEARING.

HAWKINS, Judge.

Appellant presents a request for permission to file a second motion for rehearing. After a careful re-examination of the entire record we have concluded that the request should be granted and the motion considered.

The indictment charged the sale of liquor to have been made to three parties, viz: Crossley, Gorman and Speers. The evidence shows the three agreed to purchase whiskey, divide it among them and each contribute to the purchase price. This agreement was carried out in so far as the three alleged purchasers were concerned, and the original…