Home/Court of Criminal Appeals of Texas/Cunningham v. State

Cunningham v. State

102 S.W.2d 413, 132 Tex. Crim. 63, 1937 Tex. Crim. App. LEXIS 112
Court of Criminal Appeals of Texas·Decided March 3, 1937·No. No. 18842·Published·Cited by 8 cases

Opinion

HAWKINS, Judge.

— Conviction is for selling whisky in prohibition territory, punishment being a fine of $150.00.

The complaint and information alleged that the sale was made in Scurry County, Texas, after the sale of such liquor had been prohibited in said county as the result of an election held in said county, and the result declared.

It is urged before this court that no evidence was introduced showing that a prohibition election was ever held in Scurry County. Not one word of testimony on the subject is found in the statement of facts. The conviction can not stand with the record in such condition. See Humphries v. State, 99 S. W. (2d) 600; Green v. State, No. 18,728, opinion of date January 20, 1937 (131 Texas Crim. Rep., 552).

The judgment is reversed and the cause remanded.

Reversed and remanded.

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

Cunningham v. State, 102 S.W.2d 413, 132 Tex. Crim. 63, 1937 Tex. Crim. App. LEXIS 112 (Tex. 1937).

102 S.W.2d 413 (Cunningham v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Sisk v. State
240 S.W.2d 770 (Court of Criminal Appeals of Texas, 1951)
Hodges v. State
209 S.W.2d 611 (Court of Criminal Appeals of Texas, 1948)
Corley v. State
199 S.W.2d 782 (Court of Criminal Appeals of Texas, 1947)
McQueen v. State
162 S.W.2d 703 (Court of Criminal Appeals of Texas, 1942)
Phariss v. State
126 S.W.2d 981 (Court of Criminal Appeals of Texas, 1939)
Brown v. State
117 S.W.2d 107 (Court of Criminal Appeals of Texas, 1938)
Harmon v. State
113 S.W.2d 1240 (Court of Criminal Appeals of Texas, 1938)
Baldridge v. State
106 S.W.2d 700 (Court of Criminal Appeals of Texas, 1937)