Abston v. State

DAVIDSON, Judge.

This is a conviction for unlawfully transporting whisky in a dry area; the punishment, a fine of $400 and three months in jail.

Peace officers were engaged in searching what is referred to as a “travel bureau” in Lubbock County, a dry area. Appellant appeared and, seeing the officers, went to an automobile nearby, grabbed a sack therefrom, and fled. An officer pursued. The officer testified that he saw appellant throw one pint of whisky and also the sack containing another pint to the ground, thereby breaking both pints of whisky.

It was upon this testimony that appellant was…