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167 Tex. Crim. 205

319 S.W.2d 704

Cooper v. State

Court of Criminal Appeals of Texas

Decided January 14, 1959

Court of Criminal Appeals of Texas · decided 1959-01-14

Relies on Ex parte Clinnard · 167 Tex. Crim. 51 - Hunt v. State · Hinojosa v. State

Decided 1959-01-14

MORRISON, Presiding Judge.

¶1The offense is the sale of whiskey in a dry area; the punishment, a fine of $200.00.

¶2Appellant plead guilty before the court without the intervention of a jury and cannot now be heard to complain that the state failed to prove the dry status of the area where the sale was *206made. A plea of guilty in a misdemeanor case admits the truth of each material averment in the information. Hunt v. State, 167 Texas Cr. Rep. 51, 317 S.W. 2d 743; Hinojosa v. State, 151 Texas Cr. Rep. 301, 206 S.W. 2d 1011; and Ex parte Clinnard, 145 Texas Cr. Rep. 460, 169 S.W. 2d 181.

¶3The judgment is affirmed.

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