Gaines v. State

WOODLEY, Judge.

Appellant was convicted of possessing whiskey for the purpose of sale in a dry area, and his punishment was assessed at 90 days in jail and a fine of $100.00.

The state relied on the testimony of the sheriff to the effect that he saw appellant in a car with two others, and that appellant was in the act of pouring some whiskey out of a pint bottle; that he mopped some of it up and produced it upon the trial.

The only other evidence was an agreement that the area was dry, and proof that some seven years previously, appellant had been convicted on a plea of guilty to possession of…