Barrera v. State

MORRISON, Presiding Judge.

The offense is the sale of whiskey in a dry area; the punishment, 60 days in jail and a fine of $100.00.

In view of our disposition of this case, a recitation of the facts will not be necessary other than to observe that the state’s witness testified that he bought a bottle of whiskey from the appellant and, according to the bill of exception, only he and the appellant were present at the time. The appellant did not testify or offer any evidence in his own behalf. In his closing argument, state’s counsel said:

“You have heard the state’s case and testimony' of the…