Legal Opinion

Shivers v. State

Court of Criminal Appeals of Texas

Decided January 29, 1964No. 36481PublishedCited by 8 opinions

1Opinion of the Court

MORRISON, Judge.

The offense is the unlawful sale of whiskey in a dry area; the punishment, a fine of $300.00.

Our able State’s Attorney confesses error, and we agree.

Agent Hammond of the Liquor Control Board testified that on the day in question he bought a half pint of whiskey from L. B. Hill, who was employed at the Shivers service station in Panola County, and that Hill rang the money which he had paid for the whiskey in the cash register. Over appellant’s objection that appellant was not present, Hammond was permitted to testify that Hill stated that it was necessary for him to put the…

2Cases cited2 opinions

  1. Lawhon v. StateCourt of Criminal Appeals of Texas · 1955
  2. Wells v. StateCourt of Criminal Appeals of Texas · 1950

3Cited by8 opinions

  1. Cherb v. StateCourt of Criminal Appeals of Texas · 1971
  2. Wall v. StateCourt of Criminal Appeals of Texas · 1967
  3. Williams v. StateCourt of Criminal Appeals of Texas · 1978
  4. Key v. StateCourt of Criminal Appeals of Texas · 1973
  5. David Andrew Schmidt v. State, Texas Court of Appeals, 7th District (Amarillo)2012

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