Gaines v. State

Conviction is for selling beer without a permit in an area where it was legal to sell beer by one having such permit, the punishment assessed being a fine of $150.00.

Appellant is a negro woman. The alleged purchaser was C. H. Furlow. He and Wendel Hayden, negro men who were working for the State Liquor Control Board, testified that they went to appellant's place of business in San Angelo on the night of May 28, 1942, and bought beer from appellant, whom they positively identified. They also testified that other persons were present whom witnesses saw buy and drink beer.

It was admitted that…