Thomas v. State

on motion for rehearing.

MORROW, Presiding Judge.

The witness Bowdry testified that on the date set out in the indictment, he purchased from the appellant a quart of whiskey; that a part of th*e money was contributed by some other boys who, on the night that the whiskey was acquired, took part in consuming it. From Bowdry’s testimony we take the following quotations:

"I am acquainted with Shorty Thomas, but not very well. I know him when I see him, and the defendant sitting there is Shorty Thomas, I suppose that is him. ... I bought a quart of liquor from Shorty Thomas. I don't remember exactly…