Albright v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Gregg. Tried below before the Hon. J. H. McHaney. Appeal from a conviction of a violation of the local option law; penalty, a fine of $100 and sixty days confinement in the county jail.
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Appeal from the County Court of Gregg. Tried below before the Hon. J. H. McHaney. Appeal from a conviction of a violation of the local option law; penalty, a fine of $100 and sixty days confinement in the county jail. The rest of the statement of facts not stated in the opinion is as follows: John Albright, the defendant, being sworn testified that he did not sell the State’s witness T. G. Livsey any whisky, that on the morning of September 89, 1913, the State’s witness Livsey came down to the Fair Grounds where I was at work and told me he was going hunting and wanted some whisky and asked…
1Opinion of the Court
This conviction was for violating the local option law. The State relied upon the testimony of a witness who says he was employed by the county attorney as a detective to work up local option cases; that he approached appellant and asked him if he could let him have some whisky. Appellant finally let him have a bottle for which the detective says he paid $2. The defendant took the stand and testified that he let him have the whisky, but did not receive any pay for it and didn't ask any pay. He is sustained by two other witnesses. When the State's witness approached appellant with the request…
2Cited by2 opinions
- Gray v. AdolphCourt of Appeals of Texas · 1938
- Mann v. StateCourt of Criminal Appeals of Texas · 1920