James v. State

OPINION

MORRISON, Judge.

The offense is possession of beer for the purpose of sale in a dry area with two prior convictions for offenses of the same nature alleged for enhancement; the punishment, one year in jail and a fine of $750.00.

It was stipulated that Scurry County was a dry area, and the prior convictions were proven.

Sheriff Collier and Highway Patrolman Rehm went to appellant’s cafe and dance hall at 11:30 p. m. on a Saturday night. Upon entering the dance hall they found a number of people seated at tables and standing around a shuffleboard, however, most of the patrons soon departed.…