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BOLTON v. STATE

No. 27630.

279 S.W.2d 356 (1955)

Alford BOLTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 1, 1955.

Attorney(s) appearing for the Case

D. R. Taylor, Jr., Center, for appellant.

Richard E. McDaniel, County Atty., Center, Leon Douglas, State's Atty., Austin, for the State.

DAVIDSON, Judge.

This is a conviction for the unlawful sale of wine in a dry area, with punishment assessed at a fine of $400.

Art. 666-4(b), Vernon's P.C., makes it unlawful not only to sell liquor but also to sell wine, in any dry area.

Wine is a liquor containing alcohol in excess of four per centum by weight, and proof an alcoholic beverage is wine is prima facie evidence that it is liquor. Byars v. State, 154 Tex.Cr.R. 515, 229...

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