Thompson v. State

MARTIN, Judge.

Offense, the unlawful sale of intoxicating liquor; penalty, two years in the penitentiary.

It is vigorously insisted that the evidence is insufficient in this case in that it does not show that the liquid shown to have been purchased was whiskey. We quote literally a portion of the purchaser’s testimony:

“I told him (the appellant) I wanted a pint of whiskey, and he said, T have got it.’ I paid him a dollar and a half for it. * * * There was a table in there and it was four or five feet long and it had a white cloth over it, and about that high off the floor, and the cloth came…