Johnson v. State

PRENDEBGAST, Judge.

Appellant was convicted for engaging in the business of selling intoxicating liquor in Smith County while the law prohibiting the sale of such liquor was in force.

The indictment alleged two separate and distinct sales by appellant, one to Will Lacey on or about June 1, 1916, the other to Dock Lacey on or about June 3, 1916. These two witnesses testified positively to a sale of whisky to them respectively by appellant about the dates alleged in the indictment. Their testimony, together with appellant’s, excluded the idea that appellant was acting as their agent in the…