Holmes v. State

DAVIDSON, Presiding Judge.

—The affidavit in this case was by J. L. Shoemaker, charging that appellant sold intoxicating liquor to B. F. Stephens. Stephens testified that he had bought a half-pint of whisky from appellant on the twelfth of March and paid him 25 cents for it. That the purchase was made about 9 or 10 o’clock in the morning in appellant’s place of business. Appellant testified that he did not sell whisky to the said Stephens, as did Bush. So there was a square issue on the question of sale vel non. The witness Stephens was permitted to testify that he bought a half-pint of whisky…