Harris v. State

DAVIDSON, Presiding Judge.

This is a local option case—the punishment being fixed at twenty days in jail and a fine of $75. There were two theories presented: one, that appellant sold the whisky to the alleged purchaser, J. S. Wofford; and the other, raised by defendant’s testimony, to the effect that he had ordered the whisky from the Paris Liquor Company at Paris for Wofford. If appellant was correct he was not guilty; while under the State’s theory, if correct, he was. In other words, there was a direct issue of a sale to J. S. Wofford by appellant, as against his theory that he ordered the…