Spangenberg v. State

HAWKINS, Judge.

— Conviction is for selling intoxicating liquor; punishment being one year in the penitentiary.

The indictment alleged a sale to J. M. Simpson. He was the only witness used by the State. He testified that he bought from appellant a pint of whisky. Appellant and his wife denied it.

In his motion for new trial appellant averred misconduct of the jury in receiving other evidence áfter their retirement. No evidence on the trial suggested any other sale of liquor by appellant than the one foi which he was on trial, or that he was charged with any other sales. Four jurors testified on…