Durham v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge. —

It is urged on motion for rehearing that the court below committed error under the facts in charging the jury that “beer” was an intoxicating liquor, claiming that the opinion in Walker v. State, 51 S. W. (2d) 721 is direct authority supporting his position. Only one witness testified, he being the alleged purchaser. His evidence on the kind of liquor purchased is as follows: “I have drunk beer, and I know what beer is. This was beer that I bought. I know what whisky is. This was beer that I bought.”

The charge given in the present case is not like that…