Kilburn v. State
Kilburn v. State
307 S.W.2d 804; 165 Tex. Crim. 385; 1957 Tex. Crim. App. LEXIS 2364
(South Western Reporter, Second Series)
Kilburn v. State
Opinion of the Court
The appellant was convicted upon two counts of an information charging transportation and sale of whiskey in a dry area, with prior convictions alleged for enhancement; the punishment, 30 days in jail and a fine of $300 in each count.
Our able State’s Attorney confesses error, and we agree. There was no evidence adduced, nor do we find a stipulation, concerning the dry status of the area where the offenses are alleged to have been committed.
It has been the consistent holding of this Court that the dry status of the area must be proven or established by agreement of the parties. Weatherman v. State, 161 Tex.Cr.R. 272, 276 S.W.2d 524.
The judgment is reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.