Legal Opinion
Wininger v. State
Court of Criminal Appeals of Texas
Decided February 11, 1931No. 13359Published
The opinion states the case.
1Opinion of the Court
LATTIMORE, Judge.
— Conviction for possessing intoxicating liquor for purpose of sale; punishment, one year in the penitentiary.
The court gave the following definition of prima facie evidence:
“ ‘Prima, facie evidence’ as that term is here used in the law, does not mean conclusive evidence; but it is such evidence as, unless and until it is overcome or rebutted or contradicted by other evidence, is sufficient in law to constitute proof of a fact.”
This was excepted to, among other things, for its failure to tell the jury that they must consider same together with all the facts and .circumstances…
2Cases cited4 opinions
- Floeck v. StateCourt of Criminal Appeals of Texas · 1895
- Walden v. StateCourt of Criminal Appeals of Texas · 1925
- Ratliff v. StateCourt of Criminal Appeals of Texas · 1929
- Garlington v. StateCourt of Criminal Appeals of Texas · 1930