Burnett v. State

HENDERSON, Judge.

Appellant was convicted of violating the Sunday law, and his punishment assessed at a fine of $25, and he prosecutes this appeal.

In the motion for new trial appellant complains of the charge of the court as follows: “If the jury believe from the evidence beyond a reasonable doubt that defendant, Elbert Burnett, did at the time and place alleged, unlawfully and willfully sell, or assist in the sale of, a pint of whisky to A. T. Fitts, then you will find defendant guilty,” etc. The complaint here is that it assumed appellant was the agent or employe of Joe Kearby, the owner' of…