Ewing v. State

Court of Criminal Appeals of Texas
Ewing v. State, 286 S.W.2d 938 (Tex. Crim. App. 1956)
1956 Tex. Crim. App. LEXIS 1600
Morrison

Ewing v. State

Opinion of the Court

MORRISON, Presiding Judge.

The offense is the possession of whiskey-in a dry area, with a prior offense of like character alleged for the purpose of enhancement; the punishment, 30 days in jail and a fine of $500.

Our able State’s Attorney has confessed error because of the absence of any proof that the appellant was the same person who was convicted in the prior case plead for enhancement.

Such proof is requisite. Gaines v. State, Tex.Cr.App., 274 S.W.2d 397.

The judgment is reversed and the cause remanded.

Reference

Full Case Name
Floyd EWING v. The STATE of Texas
Cited By
2 cases
Status
Published