EWING v. STATE

No. 28320.

294 S.W.2d 107 (1956)

Floyd EWING, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 17, 1956.


Attorney(s) appearing for the Case

William C. McDonald, Runge, Hardeman, Smith & Foy, San Angelo, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Judge.

All former opinions are withdrawn and the following substituted therefor.

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

The information not only alleged the transportation of whisky in a dry area, but alleged that appellant transported said whisky in a "2 door" automobile.

The evidence does not support the allegation that the automobile appellant used was...

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