Lewis v. State

BELCHER, Judge.

The offense is the unlawful sale of beer in a dry area with a prior conviction for a like offense alleged for enhancement; the punishment, 30 days in jail and a fine of $500.

The record does not contain a statement of facts on the main trial.

Appellant contends that the court erred in refusing to accept the verdict of the jury which suspended the punishment assessed, and again erred in instructing them before they retired for further deliberation that the suspended sentence law was not applicable to the case.

The jury’s verdict, which the court declined to accept, suspended the…