Kilburn v. State

Court of Criminal Appeals of Texas
Kilburn v. State, 307 S.W.2d 804 (Tex. Crim. App. 1957)
165 Tex. Crim. 385; 1957 Tex. Crim. App. LEXIS 2364
Morrison

Kilburn v. State

Opinion of the Court

MORRISON, Presiding Judge.

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.

Reference

Full Case Name
Leonard KILBURN, Jr. v. The STATE of Texas
Status
Published