Tubb, Sr. v. State

ON STATE'S MOTION FOR REHEARING.

MORROW, Presiding Judge.

The accuracy of the interpretation of bill of exceptions No. 5 is challenged by State’s counsel in his motion for rehearing. The language contained in the bill is here quoted literally:

“That the District Attorney in his closing argument told the jury that the law of this State in this kind of a case that a man has to go to a physician and be examined, get a prescription, have it filled by a druggist. In this case, defendant was not a doctor, never felt the defendant’s pulse, and if that is the law, any man can go to a bootlegger and buy…