Procell v. State
This text of 172 Tex. Crim. 247 (Procell 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.
Opinion
The offense is the unlawful sale of beer in a dry area; the punishment, 30 days in jail and a fine of $250.
The information alleges that the sale was made in Nacogdoches County, a dry area.
The state concedes that there is. no proof that said County was a dry area, without which the conviction cannot stand. Hargiss v. State, 330 S.W. 2d 538; Smith v. State, 159 Texas Cr. Rep. 351, 264 S.W. 2d 108; Brown v. State, 135 Texas Cr. Rep. 3, 117 S.W. 2d 107.
The state’s brief also points out that there is no proof of the sale except by a statement of the appellant before a grand jury.
The evidence being insufficient to sustain the conviction, the judgment is reversed and the cause remanded.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
172 Tex. Crim. 247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/procell-v-state-texcrimapp-1962.