Opinion
No. 24723.
March 29, 1950.
Charge — Weight of Evidence — Error.
A charge on the weight of the evidence, when timely objected to, constitutes error.
Intoxicating Liquor. Appeal from county court of Lubbock County; penalty, 60 days' confinement in jail.
Hon. Walter Davies, Judge Presiding.
Reversed and Remanded.
Burks McNeil, Lubbock, for appellant.
George P. Blackburn, State's Attorney, Austin, for the state.
The appeal is from a conviction for the possession for sale of intoxicating liquor in a dry area, and the punishment assessed was 60 days in jail.
The charge given by the court is identical with that reported in Sessums v. State, 154 Tex.Crim. Rep., 225 S.W.2d 419. It comes from the same court, with the same question raised.
Under the authority of the above case, the judgment of the trial court is reversed and the cause is remanded.