Viley v. State

DICE, Judge.

The conviction is for selling whiskey in a wet area without having procured a permit, with a prior conviction for an offense of like character alleged to enhance the punishment; the punishment, 30 days in jail and a fine of $200.

By agreement of counsel, only a portion of the testimony adduced upon the trial is included in the statement of facts, and there appears in the record a stipulation by counsel that certain other facts were proved by the state.

From the record before us, it appears that the appellant was a porter at the Amarillo Hotel in the city of Amarillo. On the night in…