Scales v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of selling Malt Extract, alleged to be an intoxicant, in violation of the local option law. The contention is that the State fails to show by any evidence that Malt Extract was an intoxicant; and the. defendant shows that it was not. It is further contended that appellant used all due caution necessary to ascertain that the Extract charged to have been sold by him was not an intoxicant. The evidence discloses that the alleged purchaser, Cochran, at the instance of the sheriff of the county, bought two bottles of the Extract from appellant.…