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156 Tex. Crim. 512

Moore v. State

Court of Criminal Appeals of Texas

Decided December 12, 1951

Court of Criminal Appeals of Texas · decided 1951-12-12

Cited by 3 later decisions — most recently June 1960

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1951-12-12

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MORRISON, Judge.

¶1The information upon which this prosecution rested was sufficient to charge the unlawful transportation of beer in a dry area; the punishment, a fine of $500.00.

¶2*513That there were other charges in the same count of the information charging or attempting to charge the unlawful transportation of the beer, without reference to the dry or wet status of the area, would not render the information duplicitous, because different phases of the same offense, that is, the unlawful transportation of beer, may be charged conjunctively in the same count. Branch’s Penal Code, Section 508.

¶3The statement of facts fails to evidence the dry status of Martin County, especially the publication order putting local option in effect. Baldridge v. State, 132 Tex. Cr. R. 590, 106 S. W. (2d) 700; Craig v. State, 145 Tex. Cr. R. 186, 167 S. W. (2d) 523; Langston v. State, 113 Tex. Cr. R. 388, 171 S. W. (2d) 371.

¶4The facts being insufficient to support the conviction, the judgment is reversed and the cause remanded.

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