Lerma v. State

MORROW, Judge.

Appellant was indicted and convicted of the offense of selling intoxicating liquor in a territory where its sale was prohibited, and her punishment assessed at confinement in the State penitentiary for one year.

In the first bill of exceptions complaint is made of the fact that the jury was permitted to uncork a bottle of liquid, alleged to have been a part of the intoxicating liquor sold by appellant, and to smell the liquid. This character of procedure is criticised by this court in the case of Dane v. State, 36 Texas Crim. Rep., 84, in which case there was an issue as to…