Palma v. State

DAVIDSON, Judge.

The information charged in one count the unlawful sale of whisky and beer to A. Clark, and in another count charged the unlawful sale of beer to R. M. Barber, each sale alleged to have been made on February 12, 1953, in Nolan County, a dry area.

There is no question but that the state was authorized to include in one information separate counts charging the appellant with separate and distinct misdemeanors. Gould v. State, 66 Tex. Cr. R. 421, 147 S. W. 247; Abston v. State, 158 Tex. Cr. R. 88, 253 S. W. 2d 41.

Appellant appears to recognize the correctness of the rule stated but…