Duran v. State

DAVIDSON, Judge.

The unlawful sale of whiskey in a dry area is the offense; the punishment, confinement in the county jail for one year.

The sufficiency of the evidence to show that Dimmit County was a dry area is challenged', as also the charge of the court instructing the jury that such county was a dry area. The only evidence showing such dry status is as follows:

“T. B. Kellogg, being duly sworn, testified in behalf of the State as follows, to-wit:

“ ‘My name is T. B. Kellogg. I hold the office of County Clerk of Dimmit County, Texas. I also keep the minutes of the Commissioners Court. I am…