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JAMES v. STATE

No. 39271.

403 S.W.2d 139 (1966)

Freddie Ray JAMES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 27, 1966.

Second Motion for Rehearing Denied June 8, 1966.

Attorney(s) appearing for the Case

Brown, Shuman & Harding by Clifford W. Brown, Lubbock, for appellant.

George R. Killiam, County Atty., Snyder, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is possession of beer for the purpose of sale in a dry area with two prior convictions for offenses of the same nature alleged for enhancement; the punishment, one year in jail and a fine of $750.00.

It was stipulated that Scurry County was a dry area, and the prior convictions were proven.

Sheriff Collier and Highway Patrolman Rehm went to appellant's cafe and dance hall at 11:30 p.m. on a Saturday night...

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