McKINLEY v. STATE

No. 35060.

362 S.W.2d 114 (1962)

Joe Cleveland McKINLEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 21, 1962.


Attorney(s) appearing for the Case

McCarthy, Carnahan, Fields & Haynes, by George McCarthy, Amarillo, for appellant.

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


MORRISON, Judge.

The offense is the sale of whiskey in a wet area without a permit; the punishment, a fine of $100.00.

The sole question presented for review is the alleged failure of the State to prove the unnecessary allegation in the information that the sale was made "on the premises of 5th and Fillmore Street, City of Amarillo." Undercover agent Tolliver of the Liquor Control Board testified that he accosted appellant, a cab driver, in front of the Crossroads...

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