Bachellor v. State
Texas Supreme Court
Appeal from Busk. The defendant was indicted for playing in a certain storehouse for retailing spirituous liquors at a game witli cards, on which money ivas bet. A -witness testified to the playing, as charged, in the jilacc charged in the indictment. There was an attempt to discredit the witness by proving an alibi. A witness for the defendant testified that he was elsewhere on the (lay on which the playing was stated to have occurred by the State’s witness.
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Appeal from Busk. The defendant was indicted for playing in a certain storehouse for retailing spirituous liquors at a game witli cards, on which money ivas bet. A -witness testified to the playing, as charged, in the jilacc charged in the indictment. There was an attempt to discredit the witness by proving an alibi. A witness for the defendant testified that he was elsewhere on the (lay on which the playing was stated to have occurred by the State’s witness. Another witness, introduced by the defendant, testified that lie had never seen the defendant play for money in the house mentioned in…
1Opinion of the CourtWheeler, J.
It is well settled that it is for the jury to decide upon the credibility of witnesses and the weight of evidence. And where they have decided upon conflicting testimony tills court will not disturb their verdict. The jury doubtless gave' credence to the witness who testified on behalf of the State, and did not credit tiie testimony by which the defendant sought to impeach his credibility. They were the exclusive judges of that question. We see no reason for the supposition that they found their verdict on the statement of the defendant’s witness respecting the “whiskey game,” of which he…
2Cited by4 opinions
- Humphreys v. StateCourt of Criminal Appeals of Texas · 1895
- Dunbar v. StateCourt of Criminal Appeals of Texas · 1895
- Hardesty v. HineIndiana Supreme Court · 1893
- State v. WadeSupreme Court of Arkansas · 1884