Legal Opinion

McClain v. State

Court of Criminal Appeals of Texas

Decided December 3, 1952No. 26,086Published

1Opinion of the Court

GRAVES, Presiding Judge.

Appellant was found guilty of possessing intoxicating liquor for the purpose of sale in a dry area, and his penalty was assessed at a fine of $500.00 and confinement in the county jail for a period of 30 days.

The appellant and Evelyn Setters were jointly charged with the possession of liquor for the purpose of sale in a dry area. The two defendants failed to agree upon the order in which they should be tried, and thereupon the court directed that Neil McClain should be tried first, a severance being requested.

The dryness of the area and that the beer was not found on…

2Cases cited4 opinions

  1. Booth v. StateCourt of Criminal Appeals of Texas · 1928
  2. Yeager v. StateCourt of Criminal Appeals of Texas · 1927
  3. Burnett v. StateCourt of Criminal Appeals of Texas · 1928
  4. Bird v. StateCourt of Criminal Appeals of Texas · 1930

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