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  5. 246 S.W.2d 170 (1951)
 

AKEY v. STATE

No. 25593.

246 S.W.2d 170 (1951)

AKEY v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied February 13, 1952.

Attorney(s) appearing for the Case

No attorney on appeal, for appellant.

George P. Blackburn, State's Atty., of Austin, for the State.

DAVIDSON, Commissioner.

The conviction is for the unlawful sale of whisky in a dry area, with a count in the information charging a prior conviction for an offense of like character. The punishment was assessed at a fine of $800.

Fessler, an agent of the Liquor Control Board acting as an undercover man and named in the information as the purchaser of the whisky, testified that on the 23rd day of May, 1951, at the...

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