Mayo v. State
Court of Criminal Appeals of Texas
The State after introducing in evidence the necessary orders of the Commissioners’ Court, showing prohibition was in force, etc., showed by the main State’s witness that he bought three bottles' of liquor from defendant and two other persons who were with him; that the stuff tasted like whisky or whisky toddy; that the parties came to his barn or stable in a wagon and hired a horse from witness to go to a certain camp; that they were drinldng and seemed under the influence…
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The State after introducing in evidence the necessary orders of the Commissioners’ Court, showing prohibition was in force, etc., showed by the main State’s witness that he bought three bottles' of liquor from defendant and two other persons who were with him; that the stuff tasted like whisky or whisky toddy; that the parties came to his barn or stable in a wagon and hired a horse from witness to go to a certain camp; that they were drinldng and seemed under the influence of liquor; that they first declined to sell him the stuff which they had in their wagon, but finally defendant got it out…
1Opinion of the Court
HARPER, Judge.
The appellant was indicted, charged with violating the local option law. He was convicted upon a trial, and sentenced to one year in»the penitentiary.
1. The first contention is that the indictment is insufficient, a motion being filed to quash it on the grounds, first, that the indictment alleges that the election resulted in favor of prohibition and does not negative the exceptions; second, because the orders declaring the result of the election make the, exceptions provided for by article 403 of the Penal Code. This indictment is for making a sale of intoxicating liquors in…
2Cases cited1 opinion
- Wade v. StateCourt of Criminal Appeals of Texas · 1908
3Cited by5 opinions
- Bland v. StateCourt of Criminal Appeals of Texas · 1922
- Garner v. StateCourt of Criminal Appeals of Texas · 1937
- Timmins v. StateCourt of Criminal Appeals of Texas · 1917
- Harrell v. StateCourt of Criminal Appeals of Texas · 1931
- Ex Parte MeyerCourt of Criminal Appeals of Texas · 1918