Flores v. State

Court of Criminal Appeals of Texas

Flores v. State

259 S.W.2d 198, 159 Tex. Crim. 1, 1953 Tex. Crim. App. LEXIS 1751

CourtCourt of Criminal Appeals of Texas

DecidedJune 27, 1953

DocketNo. 26,494

StatusPublished

Cited by4 cases

This text of 259 S.W.2d 198 (Flores 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

Flores v. State, 259 S.W.2d 198, 159 Tex. Crim. 1, 1953 Tex. Crim. App. LEXIS 1751 (Tex. 1953).

Pincite

Opinion

DAVIDSON, Judge.

This is a conviction for selling whisky in a dry area; the punishment, a fine of $150 and 30 days in jail.

The undisputed evidence shows that the appellant acted as the agent of the purchaser in buying the whisky, rather than as the seller of the whisky, as alleged in the information.

Such facts do not warrant the conviction for selling whisky. Harris v. State, 155 Tex. Cr. R. 180, 233 S. W. 2d 123; Branch’s P. C., Sec. 1248.

The state’s attorney before this court confesses the insufficiency of the evidence to support the conviction, for the reason stated.

The j udgmerrfr of the trial court is reversed and the cause remanded.

Opinion;approved by the court.

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