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159 Tex. Crim. 289

Teal v. State

Court of Criminal Appeals of Texas

Decided January 6, 1954

Court of Criminal Appeals of Texas · decided 1954-01-06

Relies on Sims v. State

Decided 1954-01-06

MORRISON, Judge.

¶1The offense is the possession of beer and whiskey in a dry area for the purpose of sale, with a prior conviction alleged to enhance the punishment; the punishment, a fine of $100.00.

¶2One Meek testified that he had received a quantity of beer and whiskey from the appellant. He was asked this question: “Was that here in Taylor County, Texas, that you got it from him?” to which he answered, “That I could not say.”

¶3We have searched the record and find no other proof as to where the offense occurred.

¶4In violations of laws adopted by local option elections, the locus of the offense is an integral part of the proof. Sims v. State, 157 Tex. Cr. Rep. 192, 247 S. W. 2d 1022.

¶5The judgment is reversed and the cause remanded.

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