Public-domain · open source
OpenJurist

286 S.W.2d 938

Ewing v. State

Court of Criminal Appeals of Texas

Decided February 15, 1956

Court of Criminal Appeals of Texas · decided 1956-02-15

Cited by 2 later decisions — most recently November 1957

2 state decisions

Relies on Gaines v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1956-02-15

View the full empirical analysis of this case →

MORRISON, Presiding Judge.

¶1The offense is the possession of whiskey-in a dry area, with a prior offense of like character alleged for the purpose of enhancement; the punishment, 30 days in jail and a fine of $500.

¶2Our able State’s Attorney has confessed error because of the absence of any proof that the appellant was the same person who was convicted in the prior case plead for enhancement.

¶3Such proof is requisite. Gaines v. State, Tex.Cr.App., 274 S.W.2d 397.

¶4The judgment is reversed and the cause remanded.

/286/sw2d/938 · .json · Public domain