Spencer v. State

ON MOTION FOR REHEARING.

GRAVES, Judge.

On the original submission of this case the matter hereinafter treated was not sufficiently called to our attention so that the same was noticed. It is now thus offered as a fundamental error, and we herein quote from the brief filed relative to this motion by our State’s Attorney before this court:

“The contention is made by the appellant that fundamental error was committed by the trial court in giving an instruction *453to the jury as to the punishment that might be assessed, for the offense of selling beer in a dry area,, the instruction given as the…