Donahoo v. State

BELCHER, Judge.

The information as originally filed in this case contained two counts: (1) that the defendant, on or about May 1, 1953, did unlawfully transport whiskey in Lubbock County, a dry area; and (2) that the defendant, on or about May 2, 1953, did possess whiskey for the purpose of sale in Lubbock County, a dry area.

Upon the former trial appellant was acquitted as charged in the second count in the information and his conviction under the first count was reversed by this court. Donahoo v. State, 159 Texas Cr. R. 334, 264 S.W. 2d 108.

Upon the present trial appellant was again convicted…