Pennye v. State

MORRISON, Judge.

The offense is the possession of whiskey for the purpose of sale in a dry area; the punishment, 60 days in jail and a fine of $300.00.

Two officers of the city of Abilene testified that they apprehended appellant in an alley, that he had a package containing a quantity of whiskey in his hand, and had a pistol on his person.

*300The appellant’s defense, based upon his own testimony and that of his witnesses, was that he and his wife were having an argument, that she got his pistol, which he took away from her, and went out in the alley to hide it from her. He testified that while out…