Chenowith v. State

DAVIDSON, Presiding Judge.

Having been convicted of violating the local option law, appellant prosecutes his appeal.

Several questions are suggested for revision, one of which we deem to be of controlling interest. Before passing to the discussion of that question we hold, that the court should have charged the jury in accordance with appellant’s request, to the effect that unless there was a sale a conviction could not occur, or rather if the beer was given to the alleged purchaser it would not be a violation of the law.

The question of serious moment, however, arises from the fact that the…