GAINES v. STATE

No. 27077.

269 S.W.2d 679 (1954)

GAINES v. STATE.

Court of Criminal Appeals of Texas.

June 26, 1954.


Attorney(s) appearing for the Case

Reid & Reid, by J. W. Reid, Abilene, for appellant.

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


WOODLEY, Judge.

The conviction is for the sale of beer in a dry area; the punishment, 30 days in jail and a fine of $500.

The complaint alleged the sale of beer to James L. Douglas on or about October 15, 1953, but such complaint was sworn to, according to the record, on October 3, 1953, which was before the date the offense was alleged to have been committed.

The state confesses error under the authority of Bradshaw v. State, Tex.Cr.App., ...

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