Carroll v. State

Court of Criminal Appeals of Texas

Carroll v. State

244 S.W.2d 828, 156 Tex. Crim. 553, 1951 Tex. Crim. App. LEXIS 1694

CourtCourt of Criminal Appeals of Texas

DecidedNovember 28, 1951

Docket25527

StatusPublished

Cited by5 cases

This text of 244 S.W.2d 828 (Carroll v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Carroll v. State, 244 S.W.2d 828, 156 Tex. Crim. 553, 1951 Tex. Crim. App. LEXIS 1694 (Tex. 1951).

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BEAUCHAMP, Judge.

Appellant was convicted for possession of intoxicating liquor for the purpose of sale and assessed a fine of $500.00.

Officers, armed with a search warrant, went to the home of appellant and found two quarts of liquor. Two men were present who, it appears, were transient workers living at some other place, in Texas or out of it. When the case was called to trial she presented a motion for continuance.

The bill bringing this motion to our attention recites that the case had been re-set under an agreement that a motion for continuance would not be made. The bill shows no diligence to get the witnesses. No motion for new trial was filed with affidavits by them that they would testify as set out in the motion for continuance and that the whisky belonged to them. There is no showing that they could be secured at another time. The court did not abuse his discretion.

Further attack is made on the records introduced showing Cottle County to be a dry area. The matters set out and complained of are such as cannot be utilized in a collateral attack and the merits of same are not considered.

Bill No. 3 complains of the introduction of the whisky in evidence because it is alleged that the search warrant is illegal. The grounds for this are not shown and we find nothing in the record to indicate the correctness of the allegation.

Bill of Exception No. 2 complains of the introduction in evi[555]*555dence, by the clerk, of the record of five prior convictions, all for the sale of intoxicating liquor. Just when these convictions were had is not shown by the record and we are unable to understand the complaint made other than that it was an attack upon her character, which had not been put in issue. These convictions are proper circumstances to substantiate the state’s contention that the possession of the liquor was for the purpose of sale. See McDowell v. State, 142 Tex. Cr. R. 530, 155 S.W. 2d 377; Brooks v. State, 138 Tex. Cr. R. 526, 137 S.W. 2d 768.

We find no reversible error and the judgment of the trial court is accordingly affirmed.

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BEAUCHAMP, Judge.

Appellant was convicted for possession of intoxicating liquor for the purpose of sale and assessed a fine of $500.00.

Officers, armed with a search warrant, went to the home of appellant and found two quarts of liquor. Two men were present who, it appears, were transient workers living at some other place, in Texas or out of it. When the case was called to trial she presented a motion for continuance.

The bill bringing this motion to our attention recites that the case had been re-set under an agreement that a motion for continuance would not be made. The bill shows no diligence to get the witnesses. No motion for new trial was filed with affidavits by them that they would testify as set out in the motion for continuance and that the whisky belonged to them. There is no showing that they could be secured at another time. The court did not abuse his discretion.

Further attack is made on the records introduced showing Cottle County to be a dry area. The matters set out and complained of are such as cannot be utilized in a collateral attack and the merits of same are not considered.

Bill No. 3 complains of the introduction of the whisky in evidence because it is alleged that the search warrant is illegal. The grounds for this are not shown and we find nothing in the record to indicate the correctness of the allegation.

Bill of Exception No. 2 complains of the introduction in evi[555]*555dence, by the clerk, of the record of five prior convictions, all for the sale of intoxicating liquor. Just when these convictions were had is not shown by the record and we are unable to understand the complaint made other than that it was an attack upon her character, which had not been put in issue. These convictions are proper circumstances to substantiate the state’s contention that the possession of the liquor was for the purpose of sale. See McDowell v. State, 142 Tex. Cr. R. 530, 155 S.W. 2d 377; Brooks v. State, 138 Tex. Cr. R. 526, 137 S.W. 2d 768.

We find no reversible error and the judgment of the trial court is accordingly affirmed.

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244 S.W.2d 828, 156 Tex. Crim. 553, 1951 Tex. Crim. App. LEXIS 1694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carroll-v-state-texcrimapp-1951.

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