Spencer v. State

DAVIDSON, Judge.

Transporting whisky in a dry area is the offense, the punishment, a fine of $1,000 and sixty days in jail.

While driving his car upon a public highway in Lamb County, appellant was apprehended by peace officers. In the car was a large quantity of whisky. Appellant, as a witness in his own behalf, testified that he had purchased the whisky in Amarillo, Texas, a wet area, and was transporting it to Odessa, Texas, for his own use.

This defense was pertinently submitted to the jury and, by the jury, rejected.

To show that Lamb County was a dry area within the meaning of the Liquor…