Cunningham v. State

LATTIMORE, Judge.

Conviction for selling intoxicating liquor; punishment, one year in the penitentiary.

The indictment in this case charges in a single count that appellant did unlawfully sell to Ennis Brooks and Harvey Tutt certain intoxicating liquor. There is but one bill of exception, which brings forward appellant’s exception to the charge of the court in submitting to the jury appellant’s guilt predicated upon a sale of intoxicating liquor to the two persons named in the indictment, it being insisted that such charge finds no support in testimony, and that the court should have instructed…