Smithwick v. State

EARL W. SMITH, Justice.

James Smithwick appeals a judgment of conviction for operating a massage establishment in Travis County without having a valid massage parlor license issued by the Sheriff. Trial was to a jury, which found the defendant guilty. Punishment was assessed by the court at confinement in the cou.nty jail for 30 days and a fine of $1,000.00, with imposition of sentence as to confinement probated. Because the State failed to allege and prove an element of the offense, the judgment of conviction must be reversed and reformed to show an acquittal.

In his ground of error number 7,…