23 Tex. Ct. App. 259
Decided April 9, 1887
Court of Appeals of Texas · decided 1887-04-09
Tried below before the Hon. E. G. Bower, County Judge. The conviction was for selling whisky on Sunday, and the penalty assessed was a fine of twenty dollars. The single witness who was introduced on the trial testified that he was in defendant’s saloon on the Sunday charged in the indictment, and took several drinks of whisky, served by the defendant. He was very drunk and did not know whether the whisky was sold to him or not.
Decided 1887-04-09
¶1This was a conviction for selling a glass of whisky to one F. Meyer, on Sunday.
¶2There is no law prohibiting the giving away of whisky on Sunday. It is the sale or barter that is prohibited. To sustain this conviction there must be proof that appellant sold—barter*260ing not being alleged—the whisky. Looking to the statement of facts, we find that there is not sufficient proof upon this point. For this, the judgment must be reversed and the cause remanded.
¶3Reversed and remanded.