Middlebrook v. State

MORRISON, Judge.

The offense is unlawfully transporting beer in a dry area; the punishment, a fine of $100.00.

In view of the disposition of this cause, a recitation of the facts is deemed unnecessary.

It is axiomatic that every affirmative defense raised by the evidence shall be submitted to the jury in the court’s charge. The fact that the judge does not believe the accused’s defense does not alter his duty to submit the question to the jury for their decision. Schroeder v. State, 170 Tex.Cr.R. 423, 341 S.W.2d 450.

In the case at bar appellant was shown to have lived in Smith County all of his…