CORRISCO v. STATE

No. 28906.

301 S.W.2d 144 (1957)

Ben CORRISCO, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 17, 1957.


Attorney(s) appearing for the Case

Royce Ball and Kilmer Corbin, Lubbock, for appellant.

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


MORRISON, Presiding Judge.

The offense is the possession of beer in a dry area for the purpose of sale; the punishment, 90 days in jail and a fine of $500.

Armed with a search warrant, the officers searched the appellant's home and found a quantity of beer which was less than the quantity required to raise the legal presumption that he possessed it for the purpose of sale. The State is therefore relegated to the proof as to the beer found outside the residence...

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