Hambright v. State

DAVIDSON, Presiding Judge.

Appellant was charged with selling and giving away, etc., spirituous, vinous and malt liquors, capable of producing intoxication, to Austin Fulbright. His trial resulted in a conviction with a fine of $25.

It is complained the court erred in not giving a special charge requested by appellant. The special charge is not marked refused or given. The presumption would be, therefore, that it was given. Smith v. State, 27 Texas Crim. App., 50; Jeffries v. State, 9 Texas Crim. App., 598.

In motion for new trial it is complained that the court charged the jury as a matter of…