Kernell v. State

MORRISON, Presiding Judge.

The offense is the unlawful transportation of whiskey in a dry area; the punishment, twenty days in jail and a fine of $300.00.

Our able state’s attorney confesses error, herein, and we agree.

The state introduced in evidence the order calling the prohibition election and the order canvassing the results of such election, and nothing further, even though the appellant called the court’s attention to the fact that the dry status of the county had not been proven.

Langston v. State, 146 Texas Cr. Rep. 35, 171 S.W. 2d 371, is here controlling. Therein, we said:

“The record…