Crips v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

The entire evidence was considered by the court upon the original hearing. In assuming the contrary in his motion for rehearing the appellant is mistaken. It was upon the testimony of Jake Dudley that the State relied for a conviction. He appears to have been unlettered and a person of somewhat unstable disposition. Throughout his testimony upon the trial he affirmed and reiterated his declaration that he had purchased whisky from the appellant in the fall of the year 1926. The impeaching testimony consisted of an affidavit which the witness…