Graham v. State

DAVIDSON, Judge.

The offense charged in the first count of the information is the unlawful transportation of whisky in a wet area without a permit.

In connection therewith and for the purpose of enhancing the punishment under Art. 61, V. A. P. C., it is alleged that appellant had been, prior thereto, convicted of transporting liquor in a dry area.

The jury expressly found appellant guilty under both counts and assessed his punishment at a fine of $300 and 60 days in jail.

It is insisted by the appellant that the unlawful transportation of whisky in a dry area is not the same offense or an offense…