Johnson v. State

PRENDERGAST, Judge.

Appellant was -convicted for illegally selling intoxicating liquors in said .county while the law in force made it a felony to do so, and his punishment assessed at the lowest prescribed by law.

The uncontradicted testimony shows that at the time alleged in the indictment appellant sold whisky to the party to whom the sale was alleged to have been made. The testimony of two State’s witnesses was positive that appellant sold whisky to said purchaser; that the purchaser called for whisky; appellant told him it was whisky; delivered it to him as such; that it was so labeled.…