Petty v. State

ON MOTION FOR REHEARING BY STATE.

MORROW, Presiding Judge.

To avoid a continuance because of the absence of Doctor Thompson, the state admitted as true that whiskey was necessary as a medicine at all times for the defendant and his wife; that it had been prescribed by a physician for the defendant’s wife, and advice given that it be ■kept at all times in the home of the defendant. By making this admission, the state was able to force the defendant to trial. If the admission had not been made, it would have been necessary to have continued the case. The state thereby having obtained the…