Bolton v. State

DAVIDSON, Judge.

This is a conviction for the unlawful sale of wine in a dry area, with punishment assessed at a fine of $400.00.

Art. 666-4, Sec. (b), Vernon’s P.C., makes it unlawful not only to sell liquor but also to sell wine, in any dry area.

Wine is a liquor containing alcohol in excess of four per centum by weight, and proof that an alcoholic beverage is wine is prima facie evidence that it is liquor. Byars v. State, 154 Texas Cr. R. 515, 229 S.W. 2d 169.

Under the constitutional amendment of Art. XVI, Sec. 20, in 1935, the legislature was authorized to prohibit the sale of wine, by name,…