Stewart v. State

HAWKINS, Judge. —

Conviction is for selling intoxicating liquor. Punishment, one year in the penitentiary.

Sheffield and Johnson testified that they went together to defendant’s home and that Sheffield purchased a quart of whisky for which he paid defendant three dollars. Sheffield and Johnson both became intoxicated and were arrested. The indictment places the date of the alleged sale as March 20th, and this is fixed as the correct date by the undisputed evidence. Defendant did not testify, but through the witnesses Sam Gibson, Essie Gibson and Mrs. Frank Heater he interposed a defense of…