Padget v. State

Court of Criminal Appeals of Texas

Padget v. State

147 S.W.2d 488, 141 Tex. Crim. 89, 1941 Tex. Crim. App. LEXIS 71

CourtCourt of Criminal Appeals of Texas

DecidedFebruary 5, 1941

DocketNo. 21427.

StatusPublished

Cited by1 cases

This text of 147 S.W.2d 488 (Padget 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.

Bluebook

Padget v. State, 147 S.W.2d 488, 141 Tex. Crim. 89, 1941 Tex. Crim. App. LEXIS 71 (Tex. 1941).

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Opinion

BEAUCHAMP, Judge.

Appellant was convicted in the county court of Ochiltree County on a charge of selling liquor, and assessed a fine of $100.00, from which he appeals.

The complaint alleges that appellant sold, “whiskey to Loy R. Jones, in a dry area, to-wit, on the premises at Lot 18, B. 24, City of Perryton, etc.” As certified by the court in approving bills of exception numbers six and nine, the proof failed to show the sale of liquor at the place described. Loy R. Jones testified in behalf of the state that he bought two half pints of whiskey from appellant, “at his. house here in Perryton.” He further says that he went to the residence of Ed Padget, “located at 406 South East First Street, in Perryton, Ochiltree County, Texas.” It is further described as the third house south of the American Legion Hall. We do not find in the record proof that it was sold at the place alleged. In view of the allegations made, we think that became necessary and that there is a variance between the information and the proof.

There are thirteen bills of-exception calling attention to other matters presented as irregularities. We think that none of these would likely occur again and that it is not necessary to discuss them.

Because of the variance between the pleading and the proof, the judgment of the trial court is reversed and the cause remanded.

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BEAUCHAMP, Judge.

Appellant was convicted in the county court of Ochiltree County on a charge of selling liquor, and assessed a fine of $100.00, from which he appeals.

The complaint alleges that appellant sold, “whiskey to Loy R. Jones, in a dry area, to-wit, on the premises at Lot 18, B. 24, City of Perryton, etc.” As certified by the court in approving bills of exception numbers six and nine, the proof failed to show the sale of liquor at the place described. Loy R. Jones testified in behalf of the state that he bought two half pints of whiskey from appellant, “at his. house here in Perryton.” He further says that he went to the residence of Ed Padget, “located at 406 South East First Street, in Perryton, Ochiltree County, Texas.” It is further described as the third house south of the American Legion Hall. We do not find in the record proof that it was sold at the place alleged. In view of the allegations made, we think that became necessary and that there is a variance between the information and the proof.

There are thirteen bills of-exception calling attention to other matters presented as irregularities. We think that none of these would likely occur again and that it is not necessary to discuss them.

Because of the variance between the pleading and the proof, the judgment of the trial court is reversed and the cause remanded.

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Bluebook (online)

147 S.W.2d 488, 141 Tex. Crim. 89, 1941 Tex. Crim. App. LEXIS 71, Counsel Stack Legal Research, https://law.counselstack.com/opinion/padget-v-state-texcrimapp-1941.

Opinion

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