Legal Opinion

Rutherford v. State

Court of Criminal Appeals of Texas

Decided June 21, 1905No. 3071PublishedCited by 5 opinions

Appeal from the County Court of Bosque. Tried below before Hon. P. S. Hale. 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. The opinion states the case.

1Opinion of the Court

DAVIDSON, Presiding Judge.

Conviction for violating the local option law. There was testimony, perhaps a preponderance introduced, going to show that the hop ale charged to have been sold was a non-intoxicant. Special instructions were requested to the effect that if the hop ale was a non-intoxicant, or if there was a reasonable doubt of it being an intoxicant, appellant should be acquitted. The court erred in not so instructing the jury. Patrick v. State, 78 S. W. Rep., 947; Mayne v. State, 12 Texas Ct. Rep., 806; Uloth v. State, decided at the present term.

The question of good faith and…

2Cases cited1 opinion

  1. Patrick v. StateCourt of Criminal Appeals of Texas · 1904

3Cited by5 opinions

  1. Castro v. StateCourt of Criminal Appeals of Texas · 1912
  2. Potts v. StateCourt of Criminal Appeals of Texas · 1906
  3. Shreveport Ice & Brewing Co. v. BrownSupreme Court of Louisiana · 1911
  4. Moreno v. StateCourt of Criminal Appeals of Texas · 1911
  5. Moreno v. StateCourt of Criminal Appeals of Texas · 1911

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