Barnes v. State

MARTIN, Judge.

Offense, the unlawful sale of intoxicating liquor; penalty, one year in the penitentiary.

A witness for the State testified that he purchased a pint of whiskey from appellant and paid him $1.50 therefor. He refers to the article purchased throughout his testimony several times as “whiskey.” The fact that it was such seems undisputed. He testified on cross-examination: “I did not get enough of the whiskey to feel it. I do not know whether the whiskey was intoxicating or not. * * * There were four of us on that one pint.”

It is insisted that the evidence is insufficient to show that…