Bohanon v. State (279 S.W.2d 873, 1955)

WOODLEY, Judge.

The conviction is for possession of whis-ky for the purpose of sale in a dry area; the punishment, a fine of $500.

The statement of facts, in narrative. form shows that the State proved that the sheriff was permitted to. search appellant’s home .and found therein 72 half-pint bottles of whisky which were introduced.in .evidence.

The'records were offered -showing - the dry status of Hall County, where the' whisky was found.

There are no bills of exception and no objections appear to have been offered to the admission of evidence. ‘

.Appellant did not-testify and’ offered no evidence in his behalf. «

Appellant’s motion to quash the information because it did not allege that the local option election was legally and properly ordered by the Commissioner’s Court was properly overruled. Cox v. State, Tex.Cr.App., 267 S.W.2d 830; Carpenter v. State, 138 Tex.Cr.R. 354, 135 S.W. 2d 1002.

The evidence as to appellant’s possession of 72 half-pints of whisky in a dry area gave rise to the presumption qf the prima facie evidence statute, Art. 66(5-23 a (2), V.A.P.C., and sustains the jury’s verdict finding that appellant possessed the whisky for the purpose of sale.

The judgment is affirmed.