Gardner v. State

MORROW, Presiding Judge.

The appellant was convicted of the unlawful sale of intoxicating liquors to Hubbard Kirkpatrick.

It appears that the State proved by Hubbard Kirkpatrick and Turner Stewart that they purchased from appellant a gallon of “Choctaw Beer.” A pint of the liquid was delivered to the father of Turner Stewart, by him to his son, by him in turn to a druggist, by the druggist to his clerk, who mailed it to Doctor Hoffman of the State Health Department at Austin and was analyzed by a chemist in his Department and found to contain a prohibited per cent of alcohol.

It was claimed by…