# Procell v. State

> Court of Criminal Appeals of Texas · April 18, 1962 · 172 Tex. Crim. 247

URL: https://www.frixlaw.com/law-library/cases/5026262

## Case

- **Full name:** James PROCELL v. The STATE of Texas
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** April 18, 1962
- **Citations:** 172 Tex. Crim. 247; 356 S.W.2d 320; 1962 Tex. Crim. App. LEXIS 952
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Woodley
- **Judges:** Woodley
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5026262

## Opinion text

WOODLEY, Presiding Judge.
The offense is the unlawful sale of beer in a dry area; the punishment, 30 days in jail and a fine of $250.
The information alleges that the sale was made in Nacogdoches County, a dry area.
The state concedes that there is no proof that said County was a dry area, without which the conviction cannot stand. Hargiss v. State, Tex.Cr.App., 339 S.W.2d 538 ; Smith v. State, 159 Tex.Cr.R. 351 , 264 S.W.2d 106 ; Brown v. State, 135 Tex.Cr.R. 3 , 117 S.W.2d 107 .
The state’s brief also points out that there is no proof of the sale except by a statement of the appellant before a grand jury.
The evidence being insufficient to sustain the conviction, the judgment is reversed and the cause remanded.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5026262. Public record. Not legal advice.