Thornton v. State

HAWKINS, Judge.

Conviction is for the sale of intoxicating liquor, punishment being assessed at one year in the penitentiary. -

The only question presented seems to be directly controlled by Valdez v. State, 10 S. W. (2d) 549. The only difference is that the case referred to was reversed because of the rejection of practically the same evidence which was admitted in the present case. However, after having admitted it the court declined to submit to the jury the issue raised thereby. The only witness who testified in the case was the alleged purchaser of the whisky. He says:

“I had been sick a…