LACY v. STATE

No. 40821.

424 S.W.2d 929 (1967)

Albert LACY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 14, 1968.

Second Rehearing Denied March 27, 1968.


Attorney(s) appearing for the Case

Weldon Holcomb, Tyler, for appellant.

Hunter B. Brush, Dist. Atty., William H. Power, Asst. Dist. Atty., Tyler, and Leon B. Douglas, State's Atty., Austin, for the State.


OPINION

DICE, Judge.

The conviction is for the unlawful possession of wine for the purpose of sale in a dry area; the punishment, two years in jail and a fine of $3,000.

Five prior convictions for offenses of like character were alleged for enhancement of the punishment.

The issue of appellant's guilt or innocence was first submitted to the jury. After return of the jury's verdict of guilty, appellant requested that the jury assess the punishment...

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