Pendelton v. State

26 S.W.2d 240
CourtCourt of Criminal Appeals of Texas
DecidedFebruary 19, 1930
DocketNo. 13045
StatusPublished
Cited by1 cases

This text of 26 S.W.2d 240 (Pendelton 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
Pendelton v. State, 26 S.W.2d 240 (Tex. 1930).

Opinions

CHRISTIAN, J.

The offense is selling intoxicating liquor; the punishment, confinement in the penitentiary for one year.

A witness for the state testified that he bought two pints of whisky from appellant. Testifying in his own behalf, appellant denied that he had sold the state’s witness any wkis-. ky, and stated that he was at his mother's home in the country at the time the witness claimed he bought whisky from him in a restaurant in Gainesville. Appellant further offered evidence to the effect that the state’s witness entertained feelings of hatred toward him on account of previous trouble. We deem the evidence sufficient to support the conviction. •

Appellant brings forward three bills of exception, which do not appear to have been filed in the trial court. Bills of exception which do not appear to have been filed” cannot be considered on appeal. Oliver v. State, 58 Tex. Cr. R. 50, 124 S. W. 637; Martinez v. State (Tex. Cr. App.) 40 S. W. 280. The state’s motion, objecting to the consideration of the bills of exception, must be sustained.

The judgment is affirmed.

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Related

Davis v. State
28 S.W.2d 168 (Court of Criminal Appeals of Texas, 1930)

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Bluebook (online)
26 S.W.2d 240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pendelton-v-state-texcrimapp-1930.