McQueen v. State

Court of Criminal Appeals of Texas
McQueen v. State, 162 S.W.2d 703 (Tex. Crim. App. 1942)
144 Tex. Crim. 269; 1942 Tex. Crim. App. LEXIS 300
Davidson

McQueen v. State

Opinion of the Court

DAVIDSON, Judge.

The offense is the unlawful possession of whiskey for the purpose of sale in a dry area; the punishment, a fine of $150.00.

In order to sustain a conviction for the offense charged, it is necessary that the testimony show' that Runnels County is a dry area within the meaning of the Texas Liquor Control Act. The statement of facts contains no such proof. The evidence is, therefore, insufficient to support the conviction. See: Gribble. v. State, 115 S. W. (2d) 962, 134 Tex. Cr. R. 442; *270 Gribble v. State, 111 S. W. (2d) 276, 133 Tex. Cr. R. 357; Hardy v. State, 113 S. W. (2d) 918, 133 Tex. Cr. 619; Baldridge v. State, 106 S. W. (2d) 700, 132 Tex. Cr. R. 590; Humphreys v. State, 99 S. W. (2d) 600, 131 Tex. Cr. R. 383; Green v. State, 101 S. W. (2d) 241, 131 Tex. Cr. R. 552; Cunningham v. State, 102 S. W. (2d) 413, 132 Tex. Cr. R. 63; Stewart v. State, 102 S. W. (2d) 416, 132 Tex. Cr. R. 79.

The judgment' of the trial court is reversed and the cause remanded.

■The foregoing opinion of the Commission of Appeals- has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.

Reference

Full Case Name
B. U. McQueen v. the State
Cited By
4 cases
Status
Published