The offense is the possession of whiskey for the purpose of sale in a dry area, with prior convictions alleged to enhance the punishment; the punishment, 365 days in jail and a fine of $500.

This is a companion case to Wynn v. State, Tex.Cr.App., 263 S.W.2d 566.

In this case, as in- the Wynn case, .the. trial court refused the requested charge on circumstantial evidence. In so- doing, he fell info error, and for such error, the judgment is reversed' and the cause remanded.