Spain v. State

DAVIDSON, Presiding Judge.

Appellant was convicted for violating the local option law, his punishment being assessed at one year’s confinement in the penitentiary.

The election was held subsequent to the going into effect of the late law making it a felony to sell whisky in a local option territory. The State’s witness Tatum, one of the' alleged purchasers, testified that he and Wes Tinsley bought a quart of whisky from appellant, which was some time in the month of November, 1909; that the sale' occurred in Limestone County; that he did not recall exactly the date. Without going into a…