LINDSEY v. STATE

No. 24649.

227 S.W.2d 550 (1950)

LINDSEY v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied March 22, 1950.


Attorney(s) appearing for the Case

Mat Davis, Gilmer, for appellant.

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


DAVIDSON, Judge.

This is a conviction for the unlawful possession of whisky for the purpose of sale in a dry area; the punishment, a fine of $100.

The amount of whisky alleged to have been possessed was a half-pint. The prima facie evidence rule (Art. 666-23a, Sec. (2), Vernon's P. C.) did not apply. Therefore, in order to convict, it was incumbent upon the State, without the aid of the prima facie evidence rule, to introduce evidence showing that the one...

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