Robins v. State

The appellant, Eldridge Robins, was convicted in the circuit court of Lee county on a charge of selling intoxicating liquor, and, from the sentence imposed, he prosecuted this appeal.

The affidavit upon which the conviction is based charged that:

“On or about the 18th day of January, 1928, . . . Eldridge Robins did wilfully and unlawfully sell intoxicating liquor,” etc.

Over the objection of the appellant, the state introduced evidence of two separate and distinct sales of liquor, and at the conclusion of the evidence the court charged the jury that, if they believed from the evidence beyond a…