Davis v. State

on appellant’s motion for rehearing.

HAWKINS, Presiding Judge.

Appellant was convicted of the possession of wine in Kaufman County for the purpose of sale, it being alleged that Kauffan County was “dry area,” and punishment assessed at a fine of $250.00.

The trial court instructed the jury that said county was “dry area.”

Upon original submission it was discovered that the statement of facts contained no evidence, nor was it otherwise shown therein, that said county was “dry area.” By opinion of date April 26, 1950, by reason of the then state of the record the judgment was reversed and the cause…