Brown v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

MORRISON, Judge.

Our prior opinion is withdrawn and the following substituted in lieu thereof.

The offense is the sale of vodka in a dry area; the punishment, one year in jail and a fine of $500.00.

The State’s case was made by a nonresident undercover agent, who alone testified to the illegal sale, and who, by reason of the fact that the jury knew nothing of his background, might easily have been disbelieved. In order to bolster his testimony, the State was permitted, over objection, to call two known Liquor Control Board Officers, one a resident of…