Putman v. State

LATTIMORE, Judge.

— Conviction is for selling' whiskey, punishment three years in the penitentiary.

Error is alleged upon a charge authorizing conviction if appellant acted as the agent of a certain party as the seller, it being claimed that the evidence failed to raise such an issue. If the issue was not raised it was erroneous to submit an instruction thereon,— (See Harris v. State, 49 Tex. Cr. R. 233, 91 S. W. 590; Brewster v. State, 145 S. W. 339; Thomas v. State, 147 S. W. 578; Cowley v. State, 161 S. W. 471) — but we are not able to agree with appellant’s contention in this regard.…