Opinion
No. 19856.
Delivered October 26, 1938. Rehearing denied November 23, 1938.
Intoxicating Liquor (Sale in Dry Area) — Evidence.
In prosecution for unlawful sale of intoxicating liquor in a dry area, where the complaint and information appeared regular, record before appellate court contained no statement of facts or bills of exception and no error was perceived or pointed out, conviction was affirmed without passing on sufficiency of evidence that particular county was a dry area.
Appeal from the County Court of Erath County. Hon. Wallace Scott, Judge.
Appeal from conviction for unlawful sale of intoxicating liquor in a dry area; penalty, fine of $150.00.
Affirmed.
The opinion states the case.
J. A. Johnson, of Stephenville, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The conviction is for the unlawful sale of intoxicating liquor in a dry area; penalty assessed at a fine of $150.00.
The complaint and information appear regular. The record is before this Court without statement of facts or bills of exception. No error has been perceived or pointed out.
The judgment is affirmed.
ON MOTION FOR REHEARING.
In his motion for a rehearing, appellant earnestly insists that we erred in affirming the judgment of the trial court. He contends that there was no evidence before the court showing that Erath County was dry area.
We find no statement of facts in the record and in the absence thereof, we are unable to determine the correctness of his position. See Section 602, Branch's P. C.; Davis v. State, 2 Texas Crim. App. 162.
The motion for a rehearing is overruled.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.