Legal Opinion

Ray v. State

Court of Criminal Appeals of Texas

Decided March 9, 1904No. 2949PublishedCited by 7 opinions

The evidence in this ease substantially shows that T. E. Eiggins got a quart of whisky from appellant and promised to return a quart of whisky for it as soon as defendant could order two quarts of whisky for him and the same arrived in Weatherford.

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The evidence in this ease substantially shows that T. E. Eiggins got a quart of whisky from appellant and promised to return a quart of whisky for it as soon as defendant could order two quarts of whisky for him and the same arrived in Weatherford. That he handed defendant $1.50 to order the two quarts of whisky by phone from Mineral Wells, and also paid for the phone message; that • defendant ordered four quarts, two for himself and two quarts for Eiggins, and that' the whisky came and Eiggins returned to defendant a quart of it, for the quart he had received before from defendant.

1Opinion of the Court

DAVIDSON, Presiding Judge.

This conviction was for violating the local option law. The first contention is error assigned upon the action of the court refusing to quash the venire for the week, because it had not been selected by jury commissioners as the law directs. This question is identical with that decided in cause 2952, White v. State, February 24, 1904, 45 Texas Crim. Rep., 597. On the authority of that case this judgment mnst be reversed.

The court gave this definition of sale in his charge: “The term ‘sale’ as used in this statute includes a barter or exchange for any valuable…

2Cases cited3 opinions

  1. White v. StateCourt of Criminal Appeals of Texas · 1904
  2. Keaton v. StateCourt of Criminal Appeals of Texas · 1896
  3. Vanarsdale v. StateCourt of Criminal Appeals of Texas · 1896

3Cited by7 opinions

  1. Irvin v. StateCourt of Criminal Appeals of Texas · 1909
  2. Tombeaugh v. StateCourt of Criminal Appeals of Texas · 1906
  3. Daniel v. StateCourt of Criminal Appeals of Texas · 1909
  4. Barton v. StateCourt of Criminal Appeals of Texas · 1926
  5. Coleman v. StateCourt of Criminal Appeals of Texas · 1908

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