Legal Opinion

Shaddix v. State

Court of Criminal Appeals of Texas

Decided November 16, 1921No. 6445PublishedCited by 12 opinions

Appeal from the District Court of Cass. Tried below before the Honorable Hugh Carney. Appeal from a conviction of unlawful manufacture of intoxicating, liquor; penalty, two years imprisonment in the penitentiary. The opinion states the case. On question of testimony about finding the still: Youman v. Com., 234 S. W. Rep.,, 860. On question of charge and burden of proof: Todd v. State, 229 SW.

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Appeal from the District Court of Cass. Tried below before the Honorable Hugh Carney. Appeal from a conviction of unlawful manufacture of intoxicating, liquor; penalty, two years imprisonment in the penitentiary. The opinion states the case. On question of testimony about finding the still: Youman v. Com., 234 S. W. Rep.,, 860. On question of charge and burden of proof: Todd v. State, 229 SW. Rep., 516; Burciago v. State, 228 id., 562. On question of prohibitionist on jury: Vellareal v. State, 189 S. W.. Rep., 156. On question of seizing still without search warrant: Youman v.. Commonwealth,…

1Opinion of the Court

LATTIMORE, Judge.

Appellant was convicted in the District Court of Cass County of manufacturing intoxicating liquor, and his punishment fixed at two years in the penitentiary.

There appears in the record what purports to be a statement of facts. Same is not approved by the trial court and hence cannot be considered by us. Hardee v. State, 68 Texas Crim. Rep., 4, 150 S. W. Rep., 610; Flagg v. State, 69 Texas Crim. Rep., 107, 153 S. W. Rep., 852; Vernon’s C. C. P., p. 819, and authorities cited.

What purports to be a motion of appellant to leave to withdraw said statement of facts in order to have…

2Cases cited2 opinions

  1. Flagg v. StateCourt of Criminal Appeals of Texas · 1913
  2. Hardee v. StateCourt of Criminal Appeals of Texas · 1912

3Cited by12 opinions

  1. State v. EdwardsNew Mexico Supreme Court · 1950
  2. Cooper v. StateCourt of Criminal Appeals of Texas · 1974
  3. Pruett, Jr. v. StateCourt of Criminal Appeals of Texas · 1929
  4. Johnson v. StateCourt of Criminal Appeals of Texas · 1947
  5. Hughes v. StateCourt of Criminal Appeals of Texas · 1955

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