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BELL v. STATE

No. 25476.

243 S.W.2d 585 (1951)

BELL v. STATE.

Court of Criminal Appeals of Texas.

November 14, 1951.

Attorney(s) appearing for the Case

W. P. Spillman, Wellington, for appellant.

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

MORRISON, Judge.

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

Our able State's Attorney has confessed error herein because of the failure of the State to establish that the order of the Commissioners' Court declaring the result of the prohibition election was ever published as required by law.

Such failure resulted in a reversal in Sweeten v. State, 135 Tex.Cr.R. 445, 120 S.W.2d 1074; in...

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