Smith v. State

The defendant was convicted of the offense of selling liquor without a license. He insists that his conviction was illegal and unauthorized. He was tried by the judge of the city court without the intervention of a jury, trial by jury being waived. Two special exceptions are taken to the admission of testimony, and whether the defendant is entitled to a new trial is dependent upon these exceptions. In the 4th ground of the amended motion for new trial error is assigned on the admission of the testimony of the sheriff Woodward, that on the night of September 25, 1907,. *327one Jack Dolan drove up…