Sapp v. State

Sapp was indicted under the Penal Code, § 443, which makes it a misdemeanor for any seller of spirituous liquors to “sell or furnish liquors or other intoxicating drinks to any person who is at the time intoxicated or drunk.” He was found guilty of the offense charged, and his motion for a new trial was overruled. He excepted.

1. A new trial was asked on the ground that one of the grand jurors who returned the indictment against the accused, and whose name appeared upon the indictment, was a member of the jury that tried the accused and returned the verdict of guilty. From the evidence…