Legal Opinion

Seay v. State

Court of Criminal Appeals of Texas

Decided April 6, 1938No. 19592Published

The opinion states the case.

1Opinion of the Court

Graves, Judge.

Appellant was convicted of a violation of the liquor laws of this State, and fined $100.00.

The testimony as to the intoxicating quality of the liquors alleged to have been purchased from appellant is wholly circumstantial. The appellant objected to the court’s charge on account of a failure to submit such a charge on circumstantial evidence, and requested special charge No. 2 on such character of evidence, which request was refused. Same should have been given. The only testimony relative to the intoxicating qualities of the liquor sold was that “Mr. Diggs was drinking mixed…

2Cases cited2 opinions

  1. Hays v. StateCourt of Criminal Appeals of Texas · 1937
  2. Ratliff v. StateCourt of Criminal Appeals of Texas · 1931

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