Terry v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Rockwall. - Tried below before Hon. E. D. Foree, County Judge. Appeal from a conviction of violating local option; penalty, a fine of $50 and twenty days imprisonment in the county jail. R. Z. Dyer testified that he and the alleged purchaser, G. E. West, each bought a bottle of what was called malt tonic from the defendant, which they drank, and that the liquor was intoxicating. West testified to the same facts.
1Opinion of the Court
DAVIDS OH, Presiding Judge.
Appellant was convicted of violating the local option law, and fined $50 and given twenty days in the county jail.
Among other things the court charged the jury as follows; “You are further instructed that the law does not recognize any degrees in intoxication, and any alcoholic liquors which will produce intoxication in any degree in law would be intoxicating liquor.” As said in the Frickie case, 40 Texas Crim Rep., G36: “This is rather a singular charge. We are of opinion that, under the local option law, whether or not the law recognizes such degrees would be…
2Cases cited2 opinions
- Sears v. StateCourt of Criminal Appeals of Texas · 1896
- Petteway v. StateCourt of Criminal Appeals of Texas · 1896
3Cited by5 opinions
- Stevens v. StateCourt of Criminal Appeals of Texas · 1937
- Gurski v. StateCourt of Criminal Appeals of Texas · 1923
- Privitt v. StateCourt of Criminal Appeals of Texas · 1936
- Ray v. StateCourt of Criminal Appeals of Texas · 1910
- Paschall v. StateCourt of Criminal Appeals of Texas · 1923