Prince v. State

ON state’s motion for rehearing.

MORRISON, Judge.

Our original opinion is withdrawn, and the following is substituted therefor.

The unlawful sale of beer, with a prior conviction, is the offense; the punishment, a fine of $500.00 and nine months in jail.

The facts reflect that Hahn, an agent of the Texas Liquor Control Board, acting as an undercover agent, went to the place of appellant and purchased two bottles of beer. Hahn took the two bottles out to his car, and there poured some of the beer into another bottle to be kept and used as evidence. He then returned to the house and purchased two…