Davis v. Teague

On Rehearing.

As said in our original opinion, appellee rested under the burden of showing a want of probable cause for the institution of the prosecution against him, quoting his brief, “for having transported said intoxicating liquors from the state of Louisiana into the state of Texas.” If we correctly construe the Supreme Court’s decision in Fox v. Dallas Hotel Co., 111 Tex. 461, 240 S. W. 517, on the question of contributory negligence, we believe the direct submission of the issue of want of probable cause would not have been proper as embodying a legal conclusion, but fact issues should…