Martin v. State

PBENDEBGAST, Presiding Judge.

Appellant was convicted for making an unlawful sale of intoxicating liquor in the prohibition county of Somervell and assessed the lowest punishment.

By its first witness, ,D. M., or Dock, Martin, on direct examination, the State clearly and positively made out its case against appellant, and rested without introducing any other witness. Appellant did not testify. His claim was that he had ordered the whisky for and at the instance of his uncle, Mess Martin. He then introduced Mess-Martin, who was quite an old man, 84 or 85 years old, he himself testifying that he…