Wagner v. State

BAMSEY, Judge.

Appellant was charged in the County Court of Hunt County with the offense of selling intoxicating liquors in violation of the local option law.,B. H. Smith testified directly and positively that sometime in the month of October, 1907, he bought a pint of whisky from appellant. This was denied by appellant and he interposed among other defenses, that of an alibi.

Complaint is made that the court erred in permitting the county attorney to prove by the defendant, who became a witness in his own behalf, that about the 12th or 14th of October, 1907, he receipted and received from the…