MAGNESS v. STATE

No. 25617.

244 S.W.2d 810 (1952)

MAGNESS v. STATE.

Court of Criminal Appeals of Texas.

January 9, 1952.


Attorney(s) appearing for the Case

Doyle Pevehouse, Corsicana, for appellant.

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


WOODLEY, Commissioner.

The conviction is for possession of beer for the purpose of sale in a dry area; the punishment, a fine of $100.

A search of appellant's home, in an admittedly dry area, resulted in the finding of thirty-four 12 ounce cans of beer in a closet and 4 cans in the ice box.

Appellant and his wife testified they had the beer for their own use and not for sale, but the jury resolved the issue as to the purpose of its possession against...

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