Garner v. State
Court of Appeals of Texas
Appeal from the County Court of Llano. Tried below before Hon. W. S. Maxwell, County Judge. The conviction was for selling intoxicating liquors to minors without the written consent of their parents, etc., and the penalty assessed by the verdict was a fine of $25. The proof showed conclusively the sale of the intoxicating liquor to the persons named in the indictment, whose ages were established at respectively 18 and 19 years. ”
1Opinion of the Court
White, Presiding Judge.
The question and answer which the court permitted over objection of defendant, as shown by his bill of exceptions, were: Question: “What age did the physical appearance of Luna Wicks and S. R. Waits indicate them to be in October, 1888?” Answer: “From the physical appearance of said minors in October, 1888, 1 would take them to be minors of 17 and 18 years old.” Here the question was as to the effect the physical appearances produced on the mind of the witness himself as to the ages of the minors. In Koblenschlag’s case the "objection to the evidence was that the…
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