Modica v. State

BAKER, Judge.

The appellant was convicted in the District Court of Jefferson County for the offense of transporting intoxicating liquor, and his punishment assessed at five years in the penitentiary.

Briefly stated, the record discloses that the deputy sheriff, on the night of the alleged offense, arrested a negro by the name of O’Neal, who was driving a delivery wagon belonging to the appellant, which contained twenty-three gallons of whiskey. The arrest occurred on a certain street in the city of Beaumont, about two miles. from the appellant’s store. The officer had the negro drive said wagon…