Hardy v. State

DAVIDSON, Judge.

This is a conviction for the unlawful sale of whiskey in a dry area; the punishment, a fine of $100 and sixty days’ confinement in jail.

Hynd, an agent of the Texas Liquor Control Board, to whom it was alleged that appellant sold the whiskey, testified that the sale occurred at appellant’s home and that no other person was present. In fact, the witness testified, “I was by myself,” and answered affirmatively the question, “And Elmer Hardy (appellant) was alone?”

The appellant did not testify as a witness in the case.

Bill of Exception No. 9, which complies with the requirements…