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FOWLER v. STATE

No. 25261.

240 S.W.2d 780 (1951)

FOWLER v. STATE.

Court of Criminal Appeals of Texas.

On Rehearing May 9, 1951.

Rehearing Denied June 13, 1951.

Attorney(s) appearing for the Case

Burks & McNeil, Clifford W. Brown, of Lubbock, for appellant.

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

DAVIDSON, Commissioner.

The offense is the unlawful possession of whisky for sale in a dry area; the punishment, a fine of $200.

The complaint upon which the information is predicated recites that the affiant thereto "has good reason to believe and charge * * *."

We have repeatedly held that, in obedience to the provisions of Sec. 2 of Art. 222, C.C.P., the affiant to the complaint must state, in addition to his having good reason to believe, that...

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