Eubank v. State

BERRY, Judge.

The offense is selling intoxicating liquor, and the punishment is one year in the penitentiary.

The indictment charges that the appellant did unlawfully sell “spirituous, vinous and malt liquor containing in excess of one per cent of alcohol by volume.” The state’s testimony shows that the prosecuting witness bought eighteen bottles of beer from the appellant and paid him five dollars therefor; that the officers recovered a part of this beer from the purchaser and turned it over to a chemist to be analyzed, and the chemist who analyzed it testified that it contained more than five…