Tonnahill v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of McLennan. Tried below before the Honorable Richard I. Munroe. Appeal from a conviction of a violation of the Dean Act; penalty, two years imprisonment in the penitentiary. The opinion states the case. Cited cases in opinion.
1Opinion of the Court
MORROW, Presiding Judge.
The indictment charged the offense of unlawfully possessing equipment for the manufacture of intoxicating liquor.
In due time the appellant filed his plea seeking a suspended sentence. Evidence that the plea was true was heard upon the trial. The court declined to submit the • issue to the jury, and exception was reserved to the charge of the court upon that ground, and also to the refusal of the special charge properly presenting the matter. The statute, Article -865b, made it obligatory upon the trial judge, under the facts stated, to instruct the jury to determine…
2Cases cited1 opinion
- Carr v. StateCourt of Criminal Appeals of Texas · 1921
3Cited by3 opinions
- Avery v. StateCourt of Criminal Appeals of Texas · 1938
- Walker v. StateCourt of Criminal Appeals of Texas · 1927
- Flowers v. StateCourt of Criminal Appeals of Texas · 1947