Robinson v. State

BROOKS, Judge.'

This conviction was for violating the local option law, the punishment assessed being a fine of $100 and sixty days im.prisonment in the county jail.

• The indictment in this case charges the defendant with selling on or about the 30th day of December, 1907, intoxicating liquor to one J. O. B. Smith. Appellant introduced a plea of former conviction, the indictment charging the same date for selling to the same party, but the proof in this case shows that the same were different transactions, and hence the plea was properly overruled. A matter of this kind would not be a basis…