Smith v. State
Texas Supreme Court
Appeal from Williamson. Tried below before the Hon. Edward H. Vontress. The appellant, James A. Smith, was indicted for selling intoxicating liquor to a slave, without the consent of his master, overseer, or employer.
1Opinion of the CourtRoberts, J.
The indictment charges the defendant with having sold a pint of whiskey to the negro, Isaac, slave of Allen, without the written permission, &c. There is no question, but that Isaac had the whiskey, that Smith sold it, and that it was without Allen’s permission. The matter of fact, in controversy is, whether the whiskey was sold to Little, or to the negro, Isaac.
It appears that A. H. Chalmers, while acting as captain of the patrol, found Isaac with the whiskey, near Smith’s grocery; took the negro into the grocery, and charged Smith with having sold it to him, without permission of his…
2Cited by1 opinion
- Varas v. StateTexas Supreme Court · 1874