Legal Opinion

Van Zant v. State

Court of Criminal Appeals of Texas

Decided June 20, 1928No. 11725Published

The opinion states the case.

1Opinion of the Court

CHRISTIAN, Judge.

The offense is the possession of a still for manufacturing intoxicating liquor; the punishment confinement in the penitentiary for one year.

Appellant timely excepted to the failure of the court to embody in his charge an instruction covering the law of circumstantial evidence. We think under the facts that such an instruction should have been given. It was incumbent upon the state to show that appellant had care, control arid management of the still. The main fact to be proved was the possession of a still for manufacturing intoxicating liquor. As we view the record, the…

2Cases cited1 opinion

  1. Hightower v. StateCourt of Criminal Appeals of Texas · 1927

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