Koch v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Bell. Tried below before Hon. W. R. Butler. Appeal from a conviction of the local option law; penalty, a fine of $50 and twenty days confinement in the county jail. For a statement of the case reference is here made to appellant’s brief.
1Opinion of the Court
BROOKS, Judge.
Appellant was convicted of violating the local option law, and his punishment assessed at a fine of $50 and twenty days confinement in the county jail. The indictment alleges the sale to L. S. Ray. His testimony is positive that he bought the whisky from appellant. A clear preponderance of the testimony however, is in favor of appellant. Appellant insists that the court erred in refusing a new trial on the ground of newly discovered evidence. This motion should have been granted. Diligence is shown, and the testimony is material.
Appellant insists that the local option law is not…
2Cases cited2 opinions
- Abbott v. StateCourt of Criminal Appeals of Texas · 1900
- Loveless v. StateCourt of Criminal Appeals of Texas · 1899