Sims v. State

BEAUCHAMP, Judge.

Appellant was convicted for selling intoxicating liquor and assessed a penalty of $500.00.

The state introduced evidence showing the purchase by Texas Liquor Control Board investigators, of whisky. The appellant offered no defense and introduced no evidence. During its deliberation the jury sent for the bottle of whisky, which had not been opened, and after opening it passed it among themselves and smelled of its contents. This is assigned as error and is the only serious contention for reversal of the case.

We think the following excerpt taken from the brief of the State’s…