O'Shennessey v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Bell. Tried below before Hon. W. R Butler. Appeal from a conviction of a violation of the local option law; penalty, $60 and fifty days imprisonment in the county jail. The opinion states the case.
1Opinion of the Court
DAVIDS OH, Presiding Judge.
Appellant was convicted of violating the local option law. The indictment charged the sale to have been made to Will Houston and Walter Griggs. The court authorized a conviction alone upon a sale to Griggs. To this charge exception was reserved. We believe this exception is well taken. The sale charged was to the two parties; the limitation in the charge was as to a sale to one. This is not the transaction averred.
A question arose as to whether it was a sale or a gift. Griggs testified: “That he did not pay for the beer, nor had he paid for it at the time of the…
2Cited by10 opinions
- McGee v. StateCourt of Criminal Appeals of Texas · 1928
- Jones v. StateCourt of Criminal Appeals of Texas · 1915
- Price v. StateCourt of Criminal Appeals of Texas · 1918
- Asher v. StateCourt of Criminal Appeals of Texas · 1925
- Brown v. StateCourt of Criminal Appeals of Texas · 1923
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