Henderson v. State

PRICE, Judge.

Defendant was charged under Title 29, Section 98, Code of 1940, with possessing illegal liquors. Upon the trial in the Cherokee Law and Equity Court he was found guilty and fined fifty dollars and costs.

The Sheriff was the sole witness in the case. His testimony was to the effect that *144he went to the home of defendant where a picnic was in progress and, upon seeing the Sheriff, defendant took a pint bottle of white whiskey from his pocket and threw it out.

The defendant did not elect to become a witness in his own behalf. During the argument of the Solicitor the following occurred :