Scarbrough v. State

MORROW, Presiding Judge.

— The unlawful sale of intoxicating liquor is the offense; punishment fixed at confinement in the penitentiary for a period of one year.

The motion for a continuance to secure the testimony of persons who would testify that the State’s witness Stuart had made out of court on numerous occasions statements contradictory of his testimony upon the trial does not show diligence to procure the witnesses.

By Bill of Exceptions No. 4 it is made to appear that State’s counsel in argument said to the jury: “Who denied that the sale was not made ? ’ ’ From the bill it affirmatively…