Legal Opinion

Baughman v. State

Court of Criminal Appeals of Texas

Decided November 22, 1905No. 3324PublishedCited by 13 opinions

Appeal from the County Court of Busk. Tried below before Hon. W. W. Moore. Appeal from a conviction for a violation of the local option law; penalty, a fine of $25 and twenty days confinement in the county jail. The opinion states the case.

1Opinion of the Court

DAVIDSON", Presiding Judge.

Appellant was convicted of the sale of whisky in a local option territory to one Tucker. The county attorney, in his closing argument, used the following language: “Go back to the defendants testimony in this case, and see if you can find where the sale has been denied.” Another counsel for the State, in his argument to the jury, turned, and looking defendant in the face, and while in this position, said: “Who knows better whether or not he sold Tucker the whisky?”—pointing out defendant in the court room to the jury. The contention is made that this is an allusion…

2Cited by13 opinions

  1. State v. FerroneSupreme Court of Connecticut · 1921
  2. Green v. StateCourt of Criminal Appeals of Texas · 1978
  3. Coleman v. StateCourt of Criminal Appeals of Texas · 1977
  4. Barnes v. StateCourt of Criminal Appeals of Texas · 1916
  5. Welch v. StateAlabama Court of Appeals · 1954

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