Schroeder v. State

BELCHER, Judge.

The conviction is for possession of wine in a dry area for the purpose of sale; the punishment, a fine of $200.

It was stipulated that Smith County was a dry area.

From a patrol car, two peace officers observed the appellant standing at the rear of his car with two fifths in his hands which they testified appeared to contain wine and in a case in the open trunk of the car with wine labels on it. They promptly went to appellant’s car and found ten fifths of wine in the trunk.

Appellant, testifying in his own behalf, admitted that he had the wine as shown by the testimony of the…