McGowan v. State

MORRISON, Judge.

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

The arresting officers testified that they drove up to appellant’s home, armed with a search warrant, and as they got out of their automobile they saw the appellant coming over the back fence with three quarts of Italian Swiss Colony wine in his hands. There were trucks, automobiles, and three men in the appellant’s yard, and the appellant said that “he was fixing to have a party.” A search of the appellant’s home failed to yield any further illicit spirits.

Appellant…