SIMS v. STATE

No. 25691.

247 S.W.2d 1022 (1952)

SIMS v. STATE.

Court of Criminal Appeals of Texas.

On Rehearing April 16, 1952.


Attorney(s) appearing for the Case

Bennett & Bennett, by Mac L. Bennett, Jr., Normangee, for appellant.

George P. Blackburn, State's Atty., of Austin, for the State.


BEAUCHAMP, Judge.

Appellant was convicted for selling intoxicating liquor and assessed a penalty of $500.

The state introduced evidence showing the purchase, by Liquor Control Board investigators, of whisky. The appellant offered no defense and introduced no evidence. During its deliberation the jury sent for the bottle of whisky, which had not been opened, and after opening it passed it among themselves and smelled of its contents. This is assigned as error...

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