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SMITH v. STATE

No. 26795.

264 S.W.2d 106 (1954)

SMITH v. STATE

Court of Criminal Appeals of Texas.

January 27, 1954

Attorney(s) appearing for the Case

Harry W. Flentge, Gatesville, for appellant.

Wesley Dice, State's Atty., of Austin, for the State.

BELCHER, Commissioner.

Appellant was convicted for the unlawful possession of whiskey for the purpose of sale in Coryell County, a dry area, and his punishment was assessed at 90 days in jail and a fine of $250.

Under the Texas Liquor Control Act, Vernon's Ann.P.C. art. 666-1 et seq., it is required that the state establish, either by proof or otherwise, that the alleged county was a dry area, within the meaning of said Act. The statement of facts and the...

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