JOHNSON v. STATE

No. 31638.

334 S.W.2d 305 (1960)

James Hamilton JOHNSON, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 13, 1960.


Attorney(s) appearing for the Case

Burks, O'Connor & Brister, by Edwin M. O'Connor III, Lubbock, for appellant.

William J. Gillespie, County Atty., by J. Q. Warnick, Jr., Asst. County Atty., Lubbock, and Leon Douglas, State's Atty., of Austin, for the State.


MORRISON, Presiding Judge.

The offense is transportation of whiskey and beer in a dry area; the punishment, 90 days in jail and a fine of $400.

Our prior opinion dismissing this appeal is withdrawn.

Lieutenant Kirk of the Lubbock police testified that he observed appellant crossing the street from the direction of his home and in the direction of the Silver Queen Cafe ("a place where they congregate to play the jukebox and drink and so forth") where...

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