Cole v. State

MORRISON, Presiding Judge.

The offense is the possession of whisky in a dry area for the purpose of sale; the punishment, a fine of $450.00.

In view of our disposition of this cause, a recitation of the facts will not be deemed necessary other than to observe that appellant was apprehended on a vacant lot with one pint of whisky in his hand and several other bottles of whisky on the ground nearby. Appellant did not testify but, in making out its case in chief, the state proved that appellant, upon being accosted, said, “Well, I just found it; it ain’t mine.”

Walker v. State, 138 Tex. Cr. Rep.…