Calley v. State

The offense is unlawful possession of intoxicating liquor; the punishment is one year in the penitentiary.

The appellant claims in his brief that the proof of guilt does not exclude every other reasonable hypothesis and that the identification of the appellant is not established with that degree of certainty required by law. The state's witness Herman Howell, a nine year old boy, testified on these points as follows:

"I have seen this defendant, Aubrey Calley, before this time today; I mean this man sitting by the side of Judge Littler in the court room — the young fellow. Along about the time…