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SMITH v. STATE

No. 41000.

424 S.W.2d 228 (1968)

Edward SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Motion to Reinstate Appeal February 21, 1968.

Attorney(s) appearing for the Case

O'Connor & Brister, Lubbock, for appellant.

Fred E. West, Lubbock, Carson Smith and Jack Layne, Asst. Dist. Attys., Lubbock, and Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Presiding Judge.

OPINION

The offense is possession of wine in a dry area for the purpose of sale.

Trial was before the court on a plea of not guilty.

The judgment dated June 15, 1967, recites: "The Court finds the defendant guilty as charged and assesses his punishment at a fine in the amount of $35.00. Pat Moore, Judge Presiding," but adjudges that the state "recover of the Defendant Edward Smith the said fine of $350.00...

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