Evans v. State

MORRISON, Presiding Judge.

The information was in three counts, only two of which were submitted to the jury, charging sale of beer in a dry area and possession of beer for the purpose of sale in a dry area; the punishment, 12 months in jail and a fine of $1,650.00. This prosecution was before the effective date of Article 408a, V.A.C.C.P.

The jury assessed appellant’s punishment under count one at 12 months in jail and a fine of $650.00, and in count three at 12 months in jail and a fine of $1,000.00. The trial court, however, in his judgment made no effort to cumulate the jail sentences, and…