Gaines v. State

MORRISON, Presiding Judge.

The offense is the possession of beer for the purpose of sale in a dry area, with a prior conviction for a similar offense alleged to enhance the punishment; the punishment, 30 days in jail and a fine of $200.

In view of our disposition of this case, a recitation of the facts is not deemed necessary other than to observe that there was no proof offered that the appellant was the identical individual who had been convicted in the prior case plead in the information. Appellant objected to that portion of the court’s charge wherein he submitted the prior conviction for…