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SIMMONS v. STATE

No. 26048.

252 S.W.2d 711 (1952)

SIMMONS v. STATE.

Court of Criminal Appeals of Texas.

November 19, 1952.

Attorney(s) appearing for the Case

Bowlen Bond, Teague, for appellant.

Elmer McVey, County Atty., Fairfield, George P. Blackburn, State's Atty., Austin, for the State.

DAVIDSON, Commissioner.

This is a conviction for possessing beer for the purpose of sale in a dry area, with punishment assessed at a fine of $1,000 and 365 days in jail.

The complaint in alleging the dry status of the county alleged, among other things, that the local option election was held on the 21st day of December, 1940. The information did not follow this allegation but, instead, alleged that the election was held on the 21st day of June, 1952, which...

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