Court of Criminal Appeals of Texas, 1950

McNutt v. State

McNutt v. State
Court of Criminal Appeals of Texas · Decided January 11, 1950 · Davidson
154 Tex. Crim. 124; 225 S.W.2d 834; 1950 Tex. Crim. App. LEXIS 1978

McNutt v. State

Opinion of the Court

DAVIDSON, Judge.

The unlawful possession of whisky for the purpose of sale is the offense; the punishment, a fine of $100.

The record is before us without bills of exception. The facts show that appellant was found in possession of four pints of whisky in Hockley County, a dry area.

This was sufficient, under the prima-facie-evidence rule, to authorize the jury to conclude that the whisky was possessed for the purpose of sale.

The judgment is affirmed.

Opinion approved by the Court.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.