Stokes v. State (35 S.W.2d 727, 1931)

MORROW, P. J.

Tbe unlawful sale of intoxicating liquor is the offense; penalty, confinement in tbe penitentiary for a period .of two years.

A peace officer marked a $1 bill, and gave it to Mart Holman, with tbe instruction that it be used in tbe purchase of whisky at tbe 'appellant’s place of business. The officer stood at a distance of about a block while Mart Holman went to the appellant’s place of business. Mart Holman testified that she purchased from tbe appellant a pint of whis-ky, paying him therefor with tbe $1 bill and a 50 cent piece wbicb the officer bad given her. Upon tbe trial, she identified tbe appellant as the person who bad sold her tbe whisky and to whom she bad delivered tbe money. She also identified tbe place of business of the appellant as the place where tbe transaction took place. She said that there was a woman present whom she presumed to be the appellant’s wife, though she did not know.

Immediately upon learning of the sale, the officer procured a warrant for the arrest of the appellant, and arrested him at his place. No search appears to have been made at that time. As 'soon as the officer had placed the accused in jail, a search warrant was procured and he proceeded to search the business house of- the appellant where the sale was alleged to have taken place. It is the 'right