Stewart v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Ellis. Tried helow before Hon. J. C. Smith, County Judge. Appeal from a conviction for being drunk in a public place; penalty, a fine of $10.
1Opinion of the Court
DAVIDSON", Judge.
Appellant was convicted of being drunk in a public place, and his punishment assessed at a fine of $10; hence this appeal.
He requested a charge to the effect that drunkenness could not be proved by the opinions of witnesses, which charge was refused by the court, and this he assigns as error. This is a matter that can be thus proved. The opinion of an ordinary witness as to whether a certain person is sober is admissible. See Laws. Exp. and Op. Ev., p. 473, and authorities there cited. Aside from this, we have the defendant’s confession that he was drunk. We do not think it…
2Cited by13 opinions
- Collins v. StateCourt of Criminal Appeals of Oklahoma · 1918
- McCarty v. StateCourt of Criminal Appeals of Texas · 1927
- Windham v. StateCourt of Criminal Appeals of Texas · 1922
- Henson v. WarrenCourt of Appeals of Texas · 1925
- Haag v. StateCourt of Criminal Appeals of Texas · 1920
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