Barnes v. State

OPINION

The conviction is for transporting whiskey in a dry area; the punishment, a fine of $100.

The appellant entered a plea of not guilty on a trial before the court without a jury on March 14, 1966.

No brief was filed in the trial court assigning error.

Appellant’s brief filed in this court presents the contention that the undisputed evidence showed that the transporting of whiskey was lawful under the exception in Art. 23a(l) of Art. 666 Vernon’s Ann.P.C.

Proof was offered that Brazoria County was a dry area.

It is undisputed that the appellant was transporting three pints of whiskey in the…