MURPHY v. STATE

No. 41094.

425 S.W.2d 358 (1968)

Joe MURPHY, Appellant, v. The STATE of Texas, Appellees.

Court of Criminal Appeals of Texas.

Rehearing Denied April 3, 1968.


Attorney(s) appearing for the Case

Stone & Davis by, Everett Stovall, Freeport, Carl E. F. Dally, Houston, for appellant.

Ogden Bass, Dist. Atty., Wallace N. Shaw, Asst. Dist. Atty., Angleton, and Leon B. Douglas, State's Atty., Austin, for the State.


OPINION

BELCHER, Judge.

The offense is the possession of whiskey for the purpose of sale in a dry area; the punishment, a fine of $1,000 and one year in the county jail.

It was stipulated that Brazoria County was a dry area.

The appellant challenges the sufficiency of the evidence to support the conviction, and complains of the failure of the court to respond to his request and instruct the jury on the law of circumstantial evidence.

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