Legal Opinion

McElreath v. State

Court of Criminal Appeals of Texas

Decided January 11, 1933No. 15417PublishedCited by 5 opinions

The opinion states the case.

1Opinion of the Court

The offense is possession of intoxicating liquor for the purpose of sale; the punishment, confinement in the penitentiary for five years.

Officers went to appellant's home for the purpose of instituting a search for intoxicating liquor. They had no search warrant. Appellant was at his back door. One of the officers met him there and engaged him in conversation. According to his testimony, he asked appellant: "Joe, have you got any liquor today?" Appellant replied: "No, you know, Mr. Burton, I told you I have quit." The officer said: "I know you told me that. If it is all right with you I want…

2Cases cited1 opinion

  1. Cupp v. StateCourt of Criminal Appeals of Texas · 1931

3Cited by5 opinions

  1. Brooks v. StateCourt of Criminal Appeals of Texas · 1936
  2. Murphy v. StateCourt of Criminal Appeals of Texas · 1934
  3. Martin v. StateCourt of Criminal Appeals of Texas · 1934
  4. Palmer v. StateCourt of Criminal Appeals of Texas · 1937
  5. Word v. StateCourt of Criminal Appeals of Texas · 1933

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