McCuen v. State

PBENDEBGAST, Presiding Judge.

—Appellant was convicted for making an illegal sale of whisky in prohibition territory under the misdemeanor statute and his punishment assessed at the lowest prescribed by law.

The State’s witness John McCann testified positively that on Friday night, April 24, 1914, he bought a pint of' Dripping Springs whisky from appellant in Waxahachie, Texas, for which he paid him $1. Besides other testimony, appellant testified he did not sell to said witness said whisky. He was arrested for the offense Sunday, April 26, 1914, about 11 o’clock a. m. In his direct testimony…