
    MOLTHROP v. STATE.
    (Court of Criminal Appeals of Texas.
    May 22. 1912.)
    INTOXICATING- LlQUOES (§ 236) — PbOSECU-tions — Evidence.
    In a prosecution for selling intoxicating liquors, evidence held sufficient to show a sale in the county in which the prosecution was had on a date between the time when prohibition became effective therein and the date of the filing of the indictment.
    [Ed. Note. — Eor other cases, see Intoxicating Liquors, Cent. Dig. §§ 300-322; Dec. Dig. 1 230.]
    Appeal from District Court, Lubbock County; W. R. Spencer, Judge.
    W. W. Molthrop was convicted of selling intoxicating liquors in a prohibition county, and he appeals.
    Affirmed.
    Reeder & Dooley, of Amarillo, for appellant. C. B. Lane, Asst. Atty. Gen., for the State.
    
      
      For other eases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep’r Indexes
    
   HARPER, J.

Appellant was indicted, tried, and convicted of the offense of selling intoxicating liquors in Lubbock county, and his punishment assessed at one year’s confinement in the penitentiary.

The only ground in the motion is that the evidence is insufficient, in that “it failed to show a sale of intoxicating liquor to E. B. Penny prior to the 15th day of November, 1911 (date of filing indictment), and subsequent to the 15th day of July, 1910 (the date prohibition became effective in that county).” After proving that prohibition was in effect in Lubbock county and went into effect on July 14, 1910, the state proved by Mr. Penny that he resided in Lubbock county on the 15th of June, 1911 (date of alleged sale in indictment); that he bought a pint of whisky from appellant, paying him $1 for it; that the transaction took place on the train between Slaton and Lubbock, in the county of Lubbock. J. W. Baker testified be was on tbe train on June 15,1911, and saw both appel - lant and Penny on tbe train. C. L. Fry testified be was on tbe train on June 15, 1911, and saw appellant and Penny on tbe train, and on that occasion he saw appellant deliver tbe bottle of whisky to Penny; that on this occasion be arrested appellant aud found in one of his grips 14 pints of whisky. W. H. Flynn testified that Penny gave him tbe whisky he purchased from appellant. It was branded “Maxwell whisky.”

This sufficiently proved that tbe sale took place on June 15, 1911, and the judgment is affirmed.  