Byars v. State

GRAVES, Judge.

Appellant was charged by complaint with the possession of wine for the purpose of sale in Hall County, a dry area, and assessed a fine by the jury of $150.00.

Appellant seems to confuse the statute under which this prosecution was filed. He is not herein charged with the sale of, nor possession for the purpose of sale, of a medicinal alcoholic product for beverage purposes, which was the case in the recently decided case of Byars v. State, 154 Tex. Cr. R. 119, 225 S. W. (2d) 835, in which we held that it was necessary to allege and prove that such was “knowingly done”, such act…