Moran v. State

Christian, Judge.

The offense is possession of whisky on premises where beer was sold under a permit; the punishment, a fine of $100.00.

Appellant was employed in the beer tavern of D. D. Sullivan. On the 30th of October, 1937, officers searched the tavern and found therein a pint of whisky, which appellant admitted belonged to him.

It is appellant’s contention that the court committed error in instructing the jury that the minimum punishment was a fine of $100.00. Subdivision (c) of Section 3, Article 666, Vernon’s Ann. Texas P. C., reads as follows: “It shall be unlawful for any person to whom…