Barnes v. State

ON MOTION FOR REHEARING.

GRAVES, Presiding Judge.

The original opinion herein handed down on January 13, 1954, is withdrawn and the following substituted therefor:

Appellant was convicted for unlawfully transporting whisky in a dry area, and his punishment was assessed at a fine of $500.00.

It was stipulated that San Augustine County was a dry area.

Sheriff Tindall testified that on March 27,1953, he saw appellant driving an automobile which he followed several blocks until it stopped in a driveway between two houses; that he walked up to the driver’s side of the car and could smell liquor in the…