
    CALLICOATTE v. STATE.
    (Court of Criminal Appeals of Texas.
    March 1, 1911.)
    Intoxi catín g Liquobs (§ 236*) — Engaging in Business op Selling Liquobs — Evidence.
    Where the record showed that nine witnesses named and others testified that they had purchased whisky from accused in a county where prohibition was in force, on divers occasions and at different times, a verdict of conviction of engaging in the business of selling intoxicating liquors illegally was justified.
    [Ed. Note. — For other cases, see Intoxicating Liquors, Cent. Dig. §§ 300-322; Dec. Dig. § 236.*]
    Davidson, P. J., dissenting.
    Appeal from District Court, Camp County; R. W. Simpson, Judge.
    Dan Callicoatte was convicted of crime, and he appeals.
    Affirmed,
    John A. Mobley, Asst Atty. Gen., for the State.
   HARPER, J.

The appellant was convicted of unlawfully engaging in and pursuing the occupation and business of selling intoxicating liquors in Camp county, Tex., a county where prohibition is in force, and his punishment assessed at two years’ confinement in the state penitentiary.

There are no bills of exception in the record, and the motion for a new trial only raises the question of the insufficiency of the evidence to sustain the verdict. The evidence is amply sufficient to support the verdict of the jury. Chas. Duncan, Will Brown, Ed Duffey, Charlie Wade, John Ashaway, Bill Shaw, John Craig, Andy Adams, and others testify they had purchased whisky from defendant in Camp county on divers occasions and at different times.

The indictment in this cause is in exact terms of Mizell v. State, 128 S. W. 127, and approved in Slack v. State (decided at this term of court) 136 S. W.-.

The judgment is affirmed.

DAVIDSON, P. J., dissents.  