Tompkins v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of selling intoxicating liquors to a minor. The evidence discloses that he had been previously convicted for violating the local option law on the same facts: the identical transaction; and that he had never sold intoxicating liquors but the one time to the party named as a minor in this case. When this case was called for trial, he set up his plea of jeopardy on the conviction in the former case. On demurrer this was stricken out. This was error. The authorities are so numerous sustaining this proposition we deem it unnecessary to cite them.…