Stell v. State

OPINION

ONION, Presiding Judge.

This appeal arises out of a conviction for unlawful possession of whiskey for the purpose of sale in a dry area. Two prior convictions for violation of the same statute were alleged and used for enhancement of punishment. See Article 61, Vernon’s Ann.P.C. The punishment was assessed by the jury at four (4) years in the county jail and at a fine of $4,000.00.

At the outset we shall consider appellant’s contentions that the evidence was insufficient to support the allegations of the information as to the primary offense.

Omitting the formal parts, the information…