Staley v. State

BEAUCHAMP, Judge.

The appellant was convicted by a jury for transporting whisky in a dry area and the fine assessed was One Hundred Dollars.

The complaint alleges that appellant transported whisky “in an automobile on a public highway within said County and State, to wit: U. S. Highway Number 277.” It is the holding of this court that where the state alleges the highway upon which the transportation was had it will be necessary to make proof of such allegation. Vaught v. State, 171 S. W. 2d 128.

In support of this allegation the sheriff alone testified. He said that the accused was arrested…