Legal Opinion

Blackburn v. State

Court of Criminal Appeals of Texas

Decided February 17, 1943No. 22392PublishedCited by 13 opinions

1Opinion of the Court

HAWKINS, Presiding Judge.

Conviction is for possessing whisky and beer for the purpose of sale in a dry area, the punishment being a fine of $250.00.

Peace officers of Knox County (admittedly a dry area within the meaning of the Texas Liquor Control Act) searched the appellant’s home and premises, and found therein beer and whisky in sufficient quantities to warrant the jury’s conclusion, under the prima facie evidence Rule, (Art. 666-23A and Art. 667-25, Penal Code) that same was possessed for the purpose of sale.

The appellant did not testify as a witness in his own behalf.

Appellant objected…

2Cases cited4 opinions

  1. Henderson v. StateCourt of Criminal Appeals of Texas · 1927
  2. De Aguirre v. StateCourt of Criminal Appeals of Texas · 1928
  3. Lee v. StateCourt of Criminal Appeals of Texas · 1934
  4. Humphreys v. StateCourt of Criminal Appeals of Texas · 1930

3Cited by13 opinions

  1. Cannady v. StateCourt of Criminal Appeals of Texas · 1979
  2. Schepps v. StateCourt of Criminal Appeals of Texas · 1968
  3. Vines v. StateCourt of Criminal Appeals of Texas · 1966
  4. Dusek v. StateCourt of Criminal Appeals of Texas · 1971
  5. Ortega v. StateCourt of Criminal Appeals of Texas · 1971

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