McRoberts v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Jack. Tried below before Hon. Sil Stark. Appeal from a conviction of a violation of the local option law; penalty, a fine of $25 and twenty days confinement in the county jail. Remarks of the judge to the jury were as follows: “l do not think the evidence of intention and good faith and as to his knowledge of whether or not it would intoxicate makes any difference and was inadmissible,” to which the counsel for defendant objected.
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Appeal from the County Court of Jack. Tried below before Hon. Sil Stark. Appeal from a conviction of a violation of the local option law; penalty, a fine of $25 and twenty days confinement in the county jail. Remarks of the judge to the jury were as follows: “l do not think the evidence of intention and good faith and as to his knowledge of whether or not it would intoxicate makes any difference and was inadmissible,” to which the counsel for defendant objected. The opinion states the case.
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of violating the local option law, and his punishment assessed at confinement in the county jail for twenty days and a fine of $25; hence this appeal.
Appellant insists that the court erred in refusing to grant him a continuance. The application is based on the absence of the witnesses Foreman, Blair and Williams, residents of Clay County, and Prewitt, a resident of Jack County. The application shows that process was duly served on the Clay County witnesses, and especially on the witness C. C. Foreman, but had not been returned into court. In regard to…
2Cases cited1 opinion
- Patrick v. StateCourt of Criminal Appeals of Texas · 1904
3Cited by2 opinions
- Coury v. StateCourt of Criminal Appeals of Oklahoma · 1921
- Martin v. StateCourt of Criminal Appeals of Texas · 1909