Cothran v. State

DAVIDSON, Judge.

The unlawful possession of whiskey for the purpose of sale in a dry area is the offense; the punishment, a fine of $150.00.

It was agreed that San Saba County was a dry area within the meaning of the Texas Liquor Control Act. (Art. 666-23, Vernon’s Annotated Penal Code).

Under authority of a search warrant, the Sheriff of San Saba County, accompanied by an inspector of the Texas Liquor Control Board, made a search of appellant’s residence and found therein nine pints of whiskey. Under the prima-facie evidence rule (Art. 666-23a, Vernon’s Annotated Penal Code), the jury was…