Sharp v. State

Our prior opinion is withdrawn and the following substituted therefor.

The conviction is for the unlawful possession of beer for the purpose of sale in a dry area with a prior conviction alleged for the purpose of enhancement; the punishment, 6 months in jail and a fine of $500.

The state’s testimony shows that on the night in question certain officers, after having secured a search warrant, went to appellant’s farm located approximately five miles northwest of the town of Dickens, in Dickens County, to search for intoxicating liquors. When they arrived no one was at the house and the officers…