Owens v. State

KRUEGER, Judge.

The conviction is for the sale of whisky in dry area. The punishment assessed is a fine of $100.

From the record it clearly appears that Comanche County, by virtue of an election held in 1909, is dry area. On the 22d day of June, 1939, J. M. Rich went to appellant’s place of business, located about 100 yards from Comanche County in Erath County and purchased a pint of whisky from him. The evidence shows that appellant was operating a package store just across the line in Erath County, but clearly within 400 yards of Comanche County. Appellant offered no affirmative defense, but…