
    DAVIS v. STATE.
    No. 22233.
    Court of Criminal Appeals of Texas.
    Dec. 2, 1942.
    On Motion to Reinstate Appeal Jan. 6, 1943.
    Jones & Jones, of Mineóla, for appellant.
    Spurgeon E. Bell, State’s Atty., of Austin, for the State.
   DAVIDSON, Judge.

This purports to be an appeal from a conviction for unlawfully selling whisky in a dry area, with a fine of $130 affixed as-the punishment.

The record before us fails to reflect a final judgment in the case, in the absence of which this court is without jurisdiction to entertain the appeal. Hellman v. State, 87 Tex.Cr.R. 460, 222 S.W. 980; Ellis v. State, 140 Tex.Cr.R. 339, 145 S.W.2d 176.

The appeal is dismissed.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been considered by the Judges of the Court of Criminal Appeals and approved by the Court.

On Motion to Reinstate Appeal

BEAUCHAMP, Judge.

For the reasons stated in Craig v. State, Tex.Cr.App., 167 S.W.2d 523, this day decided, the motion for rehearing is granted and the appeal is reinstated.

The appeal is based on the same grounds and the error found in the record is identical with that found in the Craig case. See Watson v. State, 135 Tex.Cr.R. 632, 122 S.W.2d 311.

The judgment of the trial court is reversed and the cause remanded.  