Smith v. State

Krueger, Judge.

Conviction is for knowingly selling intoxicating liquor to a minor; punishment, a fine of $350!

The record shows that Wesley Fitzgerald, a minor about nineteen years of age, and Orval Owens, a man twenty-six years of age, went into a drug store and purchased a quart of wine. Neither Fitzgerald nor Owens positively identified appellant as the person who sold the wine to them. The sheriff and his deputy, who were across the street at the time, testified that they saw appellant go into a back room of the drug store, accompanied by Fitzgerald and Owens, and return in a short time to…