Nelson v. State

MARTIN, Judge.

The offense is the sale of spirituous, vinous and malt liquors containing in excess of one per cent of alcohol by volume, the punishment confinement in the penitentiary for one year.

Appellant contends that the state’s evidence shows a joint sale of intoxicating liquor to Bob Crump and H. L. Johnson, sheriff, and that this proof does not support the allegation in the indictment that the sale was made to a single purchaser, namely, Bob Crump. We unable to agree with appellant that his position is tenable.

The state’s testimony, in substance, was this: Bob Crump, deputy sheriff,…