Austin v. State

HARWOOD, Judge.

This appellant • was indicted for transporting five gallons or more of prohibited beverages. His jury trial resulted in a verdict of guilty.

The evidence presented by the State tended to show that early on a morning in June of 1951 Mr. Wes Holt, a deputy sheriff of Elmore County, gave chase to a truck. The truck turned off of the paved road and onto a side graveled road. As the deputy’s car came near two men jumped from the truck, one from each side, and fled. Both men lost their hats as they left the truck.

Mr. Holt was unable to identify either man at this time, but testified…