Legal Opinion

Uloth v. State

Court of Criminal Appeals of Texas

Decided May 24, 1905No. 2876PublishedCited by 7 opinions

Appeal from the County Court of Bosque. Tried below before Hon. B. J. Wood. Appeal from a conviction of a violation of the local option law; penalty, a fine of $100 and twenty days confinement in the county jail. The testimony of the State witnesses, especially one of them, was that the hop-ale sold by the defendant affected them just like beer would, and would intoxicate if enough of it was drank.

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Appeal from the County Court of Bosque. Tried below before Hon. B. J. Wood. Appeal from a conviction of a violation of the local option law; penalty, a fine of $100 and twenty days confinement in the county jail. The testimony of the State witnesses, especially one of them, was that the hop-ale sold by the defendant affected them just like beer would, and would intoxicate if enough of it was drank. The testimony of the defendant’s witnesses was that they did not believe the beverage was intoxicating, some saying it had no intoxicating effect upon them whatever. This statement with that in the…

1Opinion of the Court

HENDERSON, Judge.

Appellant was convicted of violating the local option law, and his punishment fixed at a fine of $100 and twenty days confinement in the county jail.

Appellant raises the same questions in this case as to the legality of the local option elections as in Hanna v. State, decided at the present term. We hold in accordance with that case, that the assignments are not well taken.

By bills 3 and 4 appellant questions the action of the court, refusing to permit witness John Uloth to tell about an analysis of certain bottles of hope-ale, which he caused to be analyzed" on behalf of his…

2Cases cited1 opinion

  1. Floeck v. StateCourt of Criminal Appeals of Texas · 1895

3Cited by7 opinions

  1. Fox v. StateCourt of Criminal Appeals of Texas · 1908
  2. Gorman v. StateCourt of Criminal Appeals of Texas · 1907
  3. Bland v. StateCourt of Criminal Appeals of Texas · 1922
  4. Coy v. StateCourt of Criminal Appeals of Texas · 1910
  5. Martin v. StateCourt of Criminal Appeals of Texas · 1909

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