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161 Tex. Crim. 640

Hardiman v. State

Court of Criminal Appeals of Texas · decided 1955-05-04

Relies on Sanders v. State

Decided 1955-05-04

BELCHER, Judge.

¶1Appellant was convicted for the unlawful possession of beer and wine in a dry area for the purpose of sale; the punishment, 60 days in jail and a fine of $100.00.

¶2It was stipulated that Coleman County was a dry area.

¶3The testimony of three peace officers, while testifying for the state, showed that appellant was present at the time they found eight quarts of beer and three quarts of wine in her residence.

¶4Appellant, while testifying in her own behalf, admitted that she possessed in her residence the eight quarts of beer and three quarts of wine as shown by the state, but testified that she possessed it for her own use and not for sale.

¶5The court, in its charge, applied the prima facie evidence statute to the possession of the wine. We find the evidence sufficient to support the verdict of the jury. Arts. 666-Sa(5) and 666-28 (a) 2, V.A.P.C.; Sanders v. State, 151 Texas Cr. R. 68, 204 S.W. 2d 835.

¶6We have carefully examined the six informal bills of exception indexed and shown in the statement of facts and are of the opinion that they do not show error.

¶7The judgment of the trial court is affirmed.

¶8Opinion approved by the Court.

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