Asher v. State

ON REHEARING.

HAWKINS, Judge.

There were three counts in the indictment. The first charged a joint sale of the whiskey to Savage and Hedgespeth; the second charged a sale to Hedgespeth alone; and the third charged a sale to Savage alone. The court eliminated the first and second counts, submitting only the third, charging the sale to have been made to Savage. In connection with this he instructed the jury in substance that if the evidence showed beyond a reasonable doubt that the sale was made to Savage, or to Hedgespeth and Savage jointly, that the averment in the indictment charging the sale…