Horsley v. State

This trial was had by the court without a jury. The accused was charged with violating the prohibition law, the specific charge being that within the time covered by the indictment he sold one quart of corn whisky to state witness Donahoo and received'therefor $1.75. No question as to venue is involved. The defendant dénied selling the whisky to Donahoo, and an issue of fact was thus presented. ■

Pending the trial only one exception was reserved to the ruling of the court. It occurred as follows:

Bert Myers, a witness for defendant, testified:

“I know Manly Donahoo [state witness] and defendant…