MORRISON, Judge.
This is an appeal from a prosecution under a complaint charging a violation of a city ordinance of the City of Beaumont which prohibits the blowing of a railroad whistle except where there is imminent danger of an accident; the punishment assessed in the County Court at Law on appeal was a fine in the sum of $125.
Under such a complaint, it became incumbent upon the prosecution to prove:
(1) That appellant blew the whistle, and
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