Lewis v. State

MORROW, Presiding Judge.

— The offense is the transportation of intoxicating liquor; punishment fixed at confinement in the penitentiary for a period of three years.

Appellant, while riding on the train, had in his possession two pint bottles of whisky. He testified that his wife was in ill health and that he had gotten the whisky at her request for use as medicine.^ She had been in the habit of using whisky as medicine. There was introduced testimony supporting the appellant’s theory that his wife was sick and needed the whisky for medicinal purposes and that herbs had been provided to put in…