Johnson v. State

DICE, Judge.

The information, in multiple counts, charged appellant with making three separate sales of intoxicating liquor in Lubbock County, a dry area.

Count No. 1 charged a sale of whisky to John L. Dibbrell on or about November 28, 1954, and alleged a prior conviction of an offense of like character to enhance the penalty; Count No. 2 charged a sale of whisky to Earnest L. Dunlap on or about November 30, 1954; and Count No. 3 charged a sale of beer to John L. Dibrell on or about December 2, 1954.

The court submitted to the jury the issue of appellant’s guilt under Counts Nos. 1 and 2, and…