McSWAIN v. STATE

No. 24765.

230 S.W.2d 227 (1950)

McSWAIN v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied June 7, 1950.


Attorney(s) appearing for the Case

J. R. Hutchison, Paris, McKinney & McKinney, C. C. McKinney, Cooper, for appellant.

George P. Blackburn, State's Atty., of Austin, for the State.


GRAVES, Judge.

Appellant was convicted of the possession of intoxicating liquor for the purpose of sale in a dry area, and by the jury fined $200.00 and assessed a penalty of 30 days in jail, and he appeals.

The testimony is brief and shows that Mr. Stanley, an Inspector for the State Liquor Control Board, was seated at the foot of a tree in a pasture in Lamar County, about 42 steps from a road known as "Lover's Lane" which connected two state highways; that...

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