McIntyre v. State

HAWKINS, Presiding Judge.

Conviction is for selling whisky in Fannin County, which was alleged to be a dry area. Punishment was assessed at a fine of one hundred dollars.

Appellant requested the court to direct a verdict of “not guilty,” and upon motion for new trial and upon this appeal insists that there was no evidence before the jury showing that Fannin County was a dry area. This contention must be sustained.

The statement of facts was prepared by the trial judge. It is therein shown that the State placed the County Clerk of Fannin County upon the witness stand and had him read to the jury…