Smith v. State

CHRISTIAN, Judge.

The offense is possessing whisky in a container to which no stamp tax showing payment of the tax due the State of Texas was affixed; the punishment, a fine of $100.

According to their version, officers went to appellant’s private residence for the purpose of looking for a man other than the appellant. As they drove up to the house they observed appellant in a back room and “saw him grab something from the table.” One of the officers ran to the back of the house just as appellant was pouring something from a pint bottle. Appellant had a quart jar of the same kind of liquid in…