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408 S.W.2d 510

Fleming v. State

Court of Criminal Appeals of Texas

Decided November 23, 1966

Court of Criminal Appeals of Texas · decided 1966-11-23

Relies on Teal v. State · 164 Tex. Crim. 544 - Warren v. State

Decided 1966-11-23

¶1OPINION

DICE, Commissioner.

¶2The conviction is for unlawfully selling whisky in a dry area; the punishment, a fine of $200.

¶3Trial was had and notice of appeal given prior to January 1, 1966.

¶4Our able state’s attorney does not seek an affirmance of the conviction, because the state failed to prove that appellant made *511the sale of whisky m Cherokee County, a dry area.

¶5The record reflects that while it was stipulated that Cherokee County was a dry area, the state’s proof failed to show that appellant sold the whisky in Cherokee County.

¶6In violations of laws adopted by local option elections, the locus of the offense is an integral part of the proof. Teal v. State, 159 Tex.Cr.R. 289, 263 S.W.2d 260; Warren v. State, 164 Tex.Cr.R. 544, 300 S.W.2d 953.

¶7The judgment is reversed and the cause is remanded.

¶8Opinion approved by the Court.

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