McKinley v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Hopkins. Tried below before Hon. E. B. Keasler. Appeal from a conviction for violation of the local option law; penalty, a fine of $25 and twenty days imprisonment in the county jail. Columbus Bindley testified for the State that on the morning of the 26th day of January, 1904, Paris Prim, Will Mathews, Frank Moreland and the defendant and myself were all standing on the Brinker Corner.
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Appeal from the County Court of Hopkins. Tried below before Hon. E. B. Keasler. Appeal from a conviction for violation of the local option law; penalty, a fine of $25 and twenty days imprisonment in the county jail. Columbus Bindley testified for the State that on the morning of the 26th day of January, 1904, Paris Prim, Will Mathews, Frank Moreland and the defendant and myself were all standing on the Brinker Corner. Prim wanted some whisky and asked me, if I had some, I told him I did not, although I then had a pint in my pocket. Will Mathews suggested that Moreland had a box in the express…
1Opinion of the Court
BROOKS, Judge.
This is a conviction for violating the local option law, the penalty fixed at a fine of $25 and twenty days in jail.
Bill number 1 shows that, over appellant’s objections, 'the State introduced the following testimony: That defendant McKinley had three packages of whisky in the office of the Pacific Express Company, at Sulphur Springs, on January 24, 1904. Appellant’s objection being that the same was immaterial, irrelevant and prejudicial to the rights of defendant. Objections that testimony is immaterial and irrelevant are too general to be considered by this court, unless the…
2Cited by2 opinions
- Carnes v. StateCourt of Criminal Appeals of Texas · 1907
- Hardgraves v. StateCourt of Criminal Appeals of Texas · 1911