Kennedy v. State

CHRISTIAN, Judge. —

The offense is selling intoxicating liquor; the punishment, confinement in the penitentiary for five years.

A deputy sheriff testified that he bought a pint of whisky from appellant on the 5th of August, 1933, at the “Barbecue Pit.” Appellant did not testify, but introduced several witnesses who testified that appellant was not at the place of the sale on the occasion in question, but was in Gladewater, which was several miles away. One of appellant’s witnesses testified that one Buck, who was at the “Pit” at the time in question sold a pint of whisky he and Buck had found.…