Elliott v. State

MORROW, Presiding Judge.

The offense is the unlawful sale of intoxicating liquor; punishment fixed at confinement in the penitentiary for a period of three years.

The indictment consisted of only one count and named Whit Berry as the purchaser. We learn from the testimony of Berry that appellant and orie Madison were acting together. In conversation with Madison, arrangements were made by Berry and Homer Warren to purchase a quart of whiskey, which was to be placed in an automobile. This occurred in the forenoon of the day, and soon thereafter, appellant and Madison came to Berry and Warren,…