Smart v. State

DAVIDS OH, Presiding Judge.

Appellant was convicted of violating the local option law, and his punishment fixed at a fine of $35 and twenty days confinement in the county jail. The information contains two counts. The case was submitted under the second count charging the sale of the intoxicants to W. B. Dutton. Dutton testified that sometime last summer, about August, 1904, T. H. Sudduth, came into his (Dutton’s) store, which was on the east side of the square in a building one door north of the pool room belonging to Burrell, where appellant was working. Sudduth asked if he could get some…