From Casetext: Smarter Legal Research

La Bove v. State

Court of Criminal Appeals of Texas
Apr 5, 1961
344 S.W.2d 881 (Tex. Crim. App. 1961)

Opinion

No. 33258.

April 5, 1961.

Appeal from the County Court at Law No. 2, Harris County, Wm. A. Miller, Jr., J.

Orville A. Harlan, Houston, for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally, Edward N. Shaw, Jr., Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


The conviction is for the sale of whiskey from licensed premises during prohibited hours; the punishment, 30 days in jail and a fine of $250.

The information alleged, and the court in its charge to the jury, made the appellant's guilt depend upon proof that the appellant was the holder of a package store permit which authorized the sale of whiskey on certain described premises between specified hours.

There is no competent evidence that the appellant was the holder of a package store permit authorizing the sale of whiskey on certain described premises. Therefore, the evidence is insufficient to support the conviction.

The judgment is reversed and the cause is remanded.

Opinion approved by the Court.

WOODLEY, P. J., absent.


Summaries of

La Bove v. State

Court of Criminal Appeals of Texas
Apr 5, 1961
344 S.W.2d 881 (Tex. Crim. App. 1961)
Case details for

La Bove v. State

Case Details

Full title:Herman LA BOVE, Appellant, v. STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas

Date published: Apr 5, 1961

Citations

344 S.W.2d 881 (Tex. Crim. App. 1961)