Wales v. State

DAVIDSON, Presiding Judge.

Appellant was charged with selling intoxicating liquors as a retail malt dealer in quanities of one gallon or less without having first procured a license for such purpose, and did sell one bottle of beer to E. Herrin.

There are some very interesting questions raised, but as we view the statement of facts the State has failed to make a case. It was agreed that local option was not in force in Galveston County where this transaction is alleged to have occurred. Ilerrin testified that on-day of-, 1917, he was in defendant’s place of business in the evening or night, it…