Legal Opinion

Davidson v. State

Court of Criminal Appeals of Texas

Decided March 25, 1903No. 2560PublishedCited by 5 opinions

Dan Berry, a witness for the State, testified as follows: That on or about the 15th day of April, 1902, he (witness) received on the mail hack from Guthrie a box marked dog poison, addressed to him (witness) from the defendant.

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Dan Berry, a witness for the State, testified as follows: That on or about the 15th day of April, 1902, he (witness) received on the mail hack from Guthrie a box marked dog poison, addressed to him (witness) from the defendant. In the box were two jugs of whisky, one of which, a two-gallon jug, had a card upon it addressed to Dan Eoberts, in care of Dan Berry, and marked $6. That afterwards, on the same evening the box was received, the hack driver who brought the whisky to witness handed witness a note from the defendant stating that defendant had sent him (witness) a box marked dog poison…

1Opinion of the Court

HENDERSON, Judge.

Appellant was convicted of violating the local option law, and his punishment assessed at a fine of $25 and twenty days confinement in the county jail; hence this appeal.

Appellant excepted to the action of the court instructing the jury that local option was in force in said precinct No: 1 of Knox County. He claims that this matter was in issue on the trial of the case, and the court could not assume the existence of local option and so instruct the jury. We find in the record an order passed by the. commissioners court ordering said election. We also find the order counting…

2Cases cited6 opinions

  1. Chapman v. StateCourt of Criminal Appeals of Texas · 1897
  2. Bruce v. StateCourt of Criminal Appeals of Texas · 1896
  3. McKinney v. StateCourt of Criminal Appeals of Texas · 1902
  4. Williams v. StateCourt of Criminal Appeals of Texas · 1897
  5. Benson v. StateCourt of Criminal Appeals of Texas · 1898

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State v. GrierNew York Court of General Session of the Peace · 1913
  2. Lane v. StateCourt of Criminal Appeals of Texas · 1909
  3. Haley v. LewisCourt of Criminal Appeals of Texas · 1980
  4. Parker v. StateCourt of Criminal Appeals of Texas · 1905
  5. Sinclair v. StateCourt of Criminal Appeals of Texas · 1903

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