Elliott v. State

MORROW, Presiding Judge.

— The unlawful sale of intoxicating liquor is the offense; penalty, confinement in the penitentiary for one year.

Brand, the alleged purchaser, testified that on a certain day he purchased a pint of whisky from the appellant who conducted a tourist camp.

Testifying in his own behalf, the appellant denied the sale. He- stated, however, that he was visited by Brand, who claimed that, due to the sickness of his wife, he was greatly in need of whisky, and was informed by the appellant that he had none. Tomlin, who was present, proposed to give Brand a pint of whisky and…