Bailey v. State

The offense is the sale of whisky in a dry area; the punishment, a fine of $400.00. The information was in two counts, each charging a sale on different days to Henry John Cox.

The sole question presented is whether the sale was made to Cox, the inspector of the Texas Liquor Control Board, as alleged, or to his informer Williams. Cox was unknown in the community and was acting undercover. Williams knew appellant. They went to appellant’s house together. We quote from Cox’s testimony.

“Q. Mr. Cox, may I ask this question? Who made the request for the pint of whisky? A. Williams did.

“Q. What did…