Ewing v. State

Court of Criminal Appeals of Texas

Ewing v. State

286 S.W.2d 938, 1956 Tex. Crim. App. LEXIS 1600

CourtCourt of Criminal Appeals of Texas

DecidedFebruary 15, 1956

DocketNo. 28024

StatusPublished

Cited by2 cases

This text of 286 S.W.2d 938 (Ewing 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

Ewing v. State, 286 S.W.2d 938, 1956 Tex. Crim. App. LEXIS 1600 (Tex. 1956).

Pincite

Opinion

MORRISON, Presiding Judge.

The offense is the possession of whiskey-in a dry area, with a prior offense of like character alleged for the purpose of enhancement; the punishment, 30 days in jail and a fine of $500.

Our able State’s Attorney has confessed error because of the absence of any proof that the appellant was the same person who was convicted in the prior case plead for enhancement.

Such proof is requisite. Gaines v. State, Tex.Cr.App., 274 S.W.2d 397.

The judgment is reversed and the cause remanded.

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