Legal Opinion

McLane v. State

Court of Criminal Appeals of Texas

Decided January 26, 1949No. 24227Published

1Opinion of the Court

HAWKINS, Presiding Judge.

Conviction is for possessing whiskey for the purpose of sale in dry area, punishment assessed at two years’ imprisonment in county jail and a fine of $1,500.00.

By sufficient averments in the complaint and information it was charged that appellant possessed for the purpose of sale in Brown County, Texas, whiskey, and that Brown County was dry area. The pleader then, as a basis for increased punishment, undertook to allege two former convictions in said county for possessing whiskey for the purpose of sale. The averment as to the first prior conviction was that on the…

2Cases cited7 opinions

  1. Ellis v. StateCourt of Criminal Appeals of Texas · 1938
  2. Waltrip v. StateCourt of Criminal Appeals of Texas · 1938
  3. Childress v. StateCourt of Criminal Appeals of Texas · 1938
  4. Walker v. StateCourt of Criminal Appeals of Texas · 1940
  5. Mullins v. StateCourt of Criminal Appeals of Texas · 1940

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