Court of Criminal Appeals of Texas January 20, 1937, No. 18660 (Magee v. State)

MORROW, Presiding Judge.

The conviction is for the unlawful possession for the purpose of sale in a dry area of liquor containing alcohol in excess of 4 per cent, by weight; penalty assessed at a fine of $100.

The state’s attorney before this court concedes that the information is insufficient to charge an offense under the authority of Whitmire v. State (Tex.Cr.App.) 94 S.W.