Gerstenkorn v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Johnson. Tried below before Hon. F. E. Adams, County Judge. Appeal from a conviction for a violation of local option; penalty, a fine of $100 and sixty days imprisonment in the county jail.
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Appeal from the County Court of Johnson. Tried below before Hon. F. E. Adams, County Judge. Appeal from a conviction for a violation of local option; penalty, a fine of $100 and sixty days imprisonment in the county jail. J. E. Sturgess, being sworn, testified as follows: That he was acquainted with Henry Gerstenkorn; that about the 5th day of March he went into his place of business, and asked him for a drink; that said Gerstenkorn sold him a drink of whisky at his place in Johnson County, Texas, for which he paid him the sum of fifteen cents. On cross-examination the witness testified that…
1Opinion of the Court
HEHDERSOH, Judge.
Appellant was convicted of violating the local option law, and his punishment assessed at a fine of $100 and sixty days confinement in the county jail, and appeals.
Appellant complains of the action of the court in overruling his motion for a continuance. The motion for a continuance was based on the absence of J. L. Doggett. Ho process had been issued for said witness, and it does not occur to us that the diligence used in regard to this witness was sufficient. Evidently appellant must have known beforehand that the State would use certain testimony coming from the office of…
2Cases cited1 opinion
- Gersteman v. StateCourt of Criminal Appeals of Texas · 1895
3Cited by7 opinions
- Joliff v. StateCourt of Criminal Appeals of Texas · 1908
- Coy v. StateCourt of Criminal Appeals of Texas · 1910
- White v. StateCourt of Criminal Appeals of Texas · 1917
- Broadnax v. StateCourt of Criminal Appeals of Texas · 1912
- Sweeney v. StateCourt of Criminal Appeals of Texas · 1906
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