Whitfield v. State

BERRY, Judge.

The appellant was convicted in the District Court of Hill County- for the offense of selling intoxicating liquor and his punishment assessed at confinement in the penitentiary for a term of one year.

The State’s testimony was sufficient to show a sale, perhaps, if taken alone. Her only witness to the fact of the sale, how ever, admitted that he was under the influence of liquor at the time he is supposed to have bought the liquor in question, and frankly admits that he was hardly in a condition to remember what really happened on the occasion. The appellant’s testimony was to the…