Rivera v. State

Court of Criminal Appeals of Texas

Rivera v. State

255 S.W.2d 219, 158 Tex. Crim. 304, 1953 Tex. Crim. App. LEXIS 1587

CourtCourt of Criminal Appeals of Texas

DecidedFebruary 25, 1953

DocketNo. 26,250

StatusPublished

This text of 255 S.W.2d 219 (Rivera 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

Rivera v. State, 255 S.W.2d 219, 158 Tex. Crim. 304, 1953 Tex. Crim. App. LEXIS 1587 (Tex. 1953).

Pincite

Opinion

MORRISON, Judge.

The offense is the unlawful sale of beer in a dry area; the punishment, ninety days in jail and a fine of $200.00.

[305]*305Bills of Exception Nos. 1 and 2 complain of proof by the state that one Manuel Ochoa, a material witness for the defense, had been convicted of the misdemeanor offense of possession of beer for the purpose of sale in a dry area.

Branch’s Ann. P. C., Sec. 168, p. 102, reads, in part, as follows:

“Defendant or any other witness can only be impeached as to other offenses by showing that he has been legally charged with a felony or with a misdemeanor imputing moral turpitude.”

It has been the consistent holding of this court that violations of the liquor law do not involve moral turpitude. Hightower v. State, 73 Tex. Cr. R. 258, 165 S. W. 184.

For the error in permitting such proof, the judgment is reversed and the cause remanded.

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