King v. State

DAVIDSON, Judge.

By Sec. 4, of Art. 93b, Vernon’s R. C. S., it is made unlawful for any person to sell any agricultural seed having a false labeling.

This is a conviction under that statute, with punishment fixed at a fine of $5. The prosecution arose and was commenced in the county court.

The information charges only that the appellant “did then and there unlawfully sell agricultural seed that were falsely labeled.” There is no allegation as to whom the sale was made.

Art. 406, C. C. P., provides that “To charge an unlawful sale, it is necessary to name the purchaser.”

In Keeton v. State, 159…