Brigham v. State

Court of Criminal Appeals of Texas

Brigham v. State

225 S.W.2d 176, 154 Tex. Crim. 55, 1949 Tex. Crim. App. LEXIS 1337

CourtCourt of Criminal Appeals of Texas

DecidedDecember 7, 1949

DocketNo. 24533

StatusPublished

Cited by5 cases

This text of 225 S.W.2d 176 (Brigham v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brigham v. State, 225 S.W.2d 176, 154 Tex. Crim. 55, 1949 Tex. Crim. App. LEXIS 1337 (Tex. 1949).

Pincite

Opinion

DAVIDSON, Judge.

Upon an information charging the unlawful sale of whisky in Hunt County, a dry area, appellant was convicted and punishment assessed at thirty days in jail.

The state was under the burden of establishing, either by proof or otherwise, that Hunt County was a dry area within the meaning of the liquor control act. The statement of facts, as well as the record as a whole, fails to reflect that the state discharged that burden.

The evidence is therefore insufficient to sustain the conviction. Hodges v. State, 151 Tex. Cr. R. 516, 209 S. W. 2d 611.

The judgment is reversed and the cause is remanded.

Opinion approved by the Court.

Free access — add to your briefcase to read the full text and ask questions with AI