Legal Opinion

Durham v. State

Court of Criminal Appeals of Texas

Decided April 5, 1929No. 12319PublishedCited by 45 opinions

1Opinion of the Court

MARTIN, Judge.

— Offense, the unlawful possession for the purpose of sale of intoxicating liquor; penalty, two years in the penitentiary.'

Appellant was arrested by an officer at Hamlin, Jones County, as he started to get in a car. The car was seárched and seventeen quarts of whiskey were found therein. At the time one Chester Smith was in the car. Chester Smith was jointly indicted with appellant but his case prior to this trial had been dismissed. Chester Smith testified in part:

“I don’t know where I bought that whiskey, it was out southwest of Aspermont. * * * Bill (the appellant) knew where…

2Cases cited1 opinion

  1. Carrell v. StateCourt of Criminal Appeals of Texas · 1919

3Cited by45 opinions

  1. Pitts v. StateCourt of Criminal Appeals of Texas · 1978
  2. McCuin v. StateCourt of Criminal Appeals of Texas · 1974
  3. Wallace v. StateCourt of Criminal Appeals of Texas · 1981
  4. Stein v. StateCourt of Criminal Appeals of Texas · 1974
  5. Johnson v. StateCourt of Criminal Appeals of Texas · 1987

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