Huggins v. State

BELCHER, Judge.

This is a conviction under Art. 666-26 (b), Vernon’s Ann. P.C., for the sale of gin to a person under the age of twenty-one years; the punishment, 90 days in jail.

The state’s testimony shows that the appellant about 8 P.M. on November 23, 1955, in Wichita County, Texas, sold to Johnie Carl Miller, age fourteen, twelve cans of beer and a half pint of gin for $3.25.

Officer Weatherford testified that from his observation of Johnie Carl Miller he appeared to be under twenty-one years of age.

Johnie Carl Miller testified that he was fourteen years of age and that the appellant at the…