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263 S.W.2d 557

Yarbrough v. State

Court of Criminal Appeals of Texas

Decided January 13, 1954

Court of Criminal Appeals of Texas · decided 1954-01-13

Cited by 6 later decisions — most recently April 1978

6 state decisions

Relies on Sims v. State · Teal v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1954-01-13

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*558 WOODLEY, Judge.

¶1 Transporting' whisky in a dry area is the offense, a fine of $200 the punishment.

¶2 Proof was made that Knox County, where the trial was held, was a dry area, hut we have searched the statement of facts certified as a transcript of all of the evidence admitted at the trial and fail to find where the state proved that the place “on the Rhineland-iMunday road” where appellant was transporting the five pints of whisky found in his car was within such dry area.

¶3 Under authority of Sims v. State, Tex.Cr.App. 247 S.W.2d 1022 and Teal v. State, Tex.Cr.App., 263 S.W.2d 260, the conviction cannot stand.

¶4 The judgment is reversed and the cause remanded.

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