DocketNumber: No. 24742
Citation Numbers: 155 Tex. Crim. 101, 231 S.W.2d 444
Judges: Davidson, Hawkins, Woodley
Filed Date: 4/26/1950
Status: Precedential
Modified Date: 1/13/2023
Upon an information charging the unlawful possession of wine for the purpose of sale in Kaufman County, a dry area, appellant was convicted and punishment assessed at a fine of $250.
The state was under the burden of establishing, either by proof or otherwise, that Kaufman County was a dry area within
The evidence is therefore insufficient to sustain the conviction. Hodges v. State, 151 Tex. Cr. R. 511, 209 S. W. 2d 611; Brigham v. State, 154 Tex. Cr. R. 55, 225 S. W. 2d 176.
The judgment is reversed and the cause is remanded.
Opinion approved by the court.