Finley v. State

GRAVES, Judge.

Appellant was convicted of the unlawful sale of whisky in a dry area, and fined the sum of $100.00.

There was but one witness to the sale, who testified positively that appellant sold him a bottle of Mattingly & Moore whisky for $2.00. Appellant denied the making of such sale, and thus an issue of fact was drawn, which the jury decided against appellant.

Appellant complains because he says the trial court failed to present in his charge a paragraph relative to his defense. The only defense offered by appellant was that he did not sell any whisky to the State’s witness. The trial…