DRIVER v. THE STATE

1. — Local Option — Requested Charge — Conflicting Theories.

Where the theory of the State was that defendant sold the liquor to the alleged purchaser, and that of the defendant was that he was the agent of the purchaser and sent for the whisky with the latter's money, it was error not to submit to the jury both theories, the defendant having requested a special charge covering his said theory of the case.

It was reversible error in a trial for a violation of the local option law to permit the State to introduce evidence of other sales by appellant, where they were in no way connected with the case on trial and did not throw light upon it.

DAVIDSON, PRESIDING JUDGE.

Conviction of violating the local option law, fine imposed being $30 and twenty days confinement in the county jail. There were two theories upon which this case was tried: one that appellant sold the liquor to the alleged purchaser; and second, that he was the agent of the purchaser and sent for the whisky with the purchaser's money. The court submitted the State's theory and refused a charge submitting appellant's. This was error.

There is another error in the record which would require a reversal to wit: the State was permitted to introduce through the witness Brown several sales made to Brown by appellant on different occasions. These sales are in no way connected with this case, and do not throw any light upon it. The judgment is reversed and the cause remanded.

Reversed and remanded.

Henderson, Judge, absent.