Walker v. State

MARTIN, Judge.

Offense, the unlawful sale of intoxicating liquor; penalty, one year.

Witness Willie Hutchison received from officers two one dollar bills which had been marked. Accompanied by Jack Johnson he went to the house of appellant and there purchased from him a pint of whiskey, giving him therefor the two marked bills and receiving fifty cents in change. In a little while the officers arrested appellant and found on him the marked money.

The indictment charges the unlawful sale to said witness of “spirituous, vinous and malt liquors.” Appellant contends that there is a variance between…