Pond v. State
Cases that cite this one
2 later published cases cite this decision.
- Frost v. State (Tex. Crim. App. 1963)
- Blank v. State (Tex. Crim. App. 1937)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Conviction is for possessing for the purpose of sale intoxicating liquor in dry area, punishment assessed being a fine of $100.00.
The indictment is fatally defective. It merely charged that appellant possessed whisky for the purpose of sale in Cherokee County, Texas, and that said county was “dry area.”
It has been held many times that such an averment is not sufficient to show that local option was in effect in the territory where the transaction is alleged to have occurred. See Whitmire v. State, 94 S. W. (2d) 742; Schmidt v. State, 94 S. W. (2d) 743; Coleman v. State, 97 S. W. (2d) 701; Privett v. State, 98 S. W. (2d) 204; Clepper v. State, 98 S. W. (2d) 207; Jones v. State, 98 S. W. (2d) 208.
Judgment is reversed and prosecution ordered dismissed.
Reversed and prosecution ordered dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.