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FLEMING v. STATE

No. 39448.

408 S.W.2d 510 (1966)

O. D. FLEMING, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 23, 1966.

Attorney(s) appearing for the Case

Benton Musslewhite, of Musslewhite & Musslewhite, Lufkin, for appellant.

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

OPINION

DICE, Commissioner.

The conviction is for unlawfully selling whisky in a dry area; the punishment, a fine of $200.

Trial was had and notice of appeal given prior to January 1, 1966.

Our able state's attorney does not seek an affirmance of the conviction, because the state failed to prove that appellant made the sale of whisky in Cherokee County, a dry area.

The record reflects that...

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