Carter v. State

WOODLEY, Judge.

The offense is the unlawful possession of whisky in a dry area for the purpose of sale; the punishment assessed by the court on a plea of guilty, a fine of $100.

Appellant filed a motion for new trial, the sole ground being that “the judgment of conviction is not supported by the evidence and is contrary to the laws made and provided in such cases.”

Upon a plea of guilty in a misdemeanor case the defendant may waive a jury and the punishment may be assessed by the court, either upon or without evidence, at the discretion of the court. Art. 518 Vernon’s Ann.C.C.P.; Parker v.…