McGill v. State

ON MOTION FOR REHEARING

MORRISON, Judge.

The offense is the sale of whisky in a dry area, with a prior conviction alleged to enhance the punishment; the punishment, one year in jail and a fine of $500.00.

The prior opinion herein is withdrawn, and the following substituted in lieu thereof.

In view of our disposition of this cause, a recitation of the facts will not be deemed necessary.

The information herein alleged a prior conviction in Cause No. 5510 in the county court of Lamar County. Cause No. 5510 was itself an enhancement case in which a prior conviction in Cause No. 4842 was alleged. When…