Supina v. State

LATTIMORE, Judge.

Conviction is for sale of intoxicating liquor; punishment, one year in the penitentiary.

The defense in this case was that of alibi. The appellant’s wife and his brother testified that he was not present at the time of the alleged sale.

From the charge of the court we make the following quotation:

“Now, if the evidence raises in your mind a reasonable doubt as to the presence of the defendant at the place where the offense was committed, at the time of the commission thereof, you will find the defendant not guilty.”

This was excepted to upon the ground that it assumed as a fact…