Jones v. State

MORRISON, Judge.

The offense is the sale of beer in a dry area; the punishment, a fine of $400.00.

The record has now been perfected, and our prior opinion dismissing the appeal is withdrawn. Two young men, ages eighteen and nineteen, testified that they went to appellant’s cafe in the city of Matador and bought four bottles of beer from one Jessie T. Sims. Neither witness testified that appellant was present at the cafe or participated in making the sale to them. Neither witness remembered the date of the purchase.

The Sheriff and his deputy testified that they saw the two witnesses as they…