Gentry v. State

HAWKINS, Judge.

The conviction is for sale of whisky. Punish- . ment, one year in the penitentiary.

Timely exception was taken to the charge of the court because it contained no instruction on circumstantial evidence, and a special charge upon that issue was requested and refused. ' The sale was alleged to have been made by appellant to one Angier, who was manager of a natatorium run in connection with a park near Sulphur Springs. Angier’s evidence in substance was, that he saw appellant at the natatorium on the day of the alleged sale, and smelling whisky on his breath asked if he could get…