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Cunningham v. State

102 S.W.2d 413, 132 Tex. Crim. 63, 1937 Tex. Crim. App. LEXIS 112
CourtCourt of Criminal Appeals of Texas
DecidedMarch 3, 1937
DocketNo. 18842
StatusPublished
Cited by8 cases

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

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.

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Bluebook (online)
102 S.W.2d 413, 132 Tex. Crim. 63, 1937 Tex. Crim. App. LEXIS 112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cunningham-v-state-texcrimapp-1937.