Lemuel v. State

MORRISON, Judge.

The offense is the sale of beer in a dry area; the punishment, a fine of $400.

The city marshal of the city of Lorenzo apprehended appellant in front of his (appellant’s) house in said city after he handed a Mr. Bird a paper sack containing three cans of beer. The marshal testified that immediately after he took the beer from Bird he turned to appellant and demanded the money *615which he had seen Bird give him upon receiving the beer. Whereupon, the appellant handed the officer two dollars.

Appellant and Bird testified that the beer belonged to Bird and that appellant had been…