Smith and Bethuren v. State

CALHOUN, Judge.

The offense, the unlawful transportation of intoxicating liquor; the punishment, E. S. Smith, three years in the penitentiary, and Walter Bethuren, one year in the penitentiary.

The state’s witness, Herman Elkins, testified that he saw the appellants, E..S. Smith and Walter Bethuren, transport two half-gallon fruit jars of whisky and hide same under a tree, and then drive off; that after they had driven off, he summoned the sheriff and one Carter Dibrell and showed them where the whisky was hidden.

The sheriff, Frank Mills, and Carter Dibrell testified to being shown the whisky…