Stewart v. State

CALHOUN, Judge.

The offense, selling intoxicating liqv uor; the punishment, 2 years in the penitentiary.

The purchaser named in the indictment testified that he purchased intoxicating liquor from the appellant for which he paid him $5. Appellant’s defense was that of an alibi.

By bill of exception No. 1, appellant complains of' the refusal of the trial court to quash the indictment, and alleged in said motion that said indictment was void, not having been passed upon by a grand jury of twelve men duly qualified as required by the Constitution of Texas under article 6, section . 2, as well as…