Schmidt v. State

CALHOUN, Judge.

— Selling intoxicating liquor is the offense; the punishment, one year in the penitentiary.

The bill of indictment contains three counts. The first count alleged possessing intoxicating liquor for the purpose of sale. The second count alleged the sale of intoxicating liquor to one individual. The third count alleged a joint sale to five persons. The first and third counts were submitted to the jury and in the charge the jury were told to make a specific finding upon which count they found the appellant guilty, in the event they found a verdict of guilty. The jury found the…