Spencer v. State
This text of 271 S.W. 915 (Spencer 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.
Opinion
Conviction is for transporting intoxicating liquor. Punishment, two years in the penitentiary.
Between twelve and one o’clock at night officers discovered defendant driving along the road in a two-horse wagon. In it they found a five gallon keg of whiskey.
Complaint is made because the officers were permitted to testify about finding the whiskey, it being shown they had no search warrant. This is not an open question in this state. Welchek v. State, 93 Texas Crim. Rep. 271, 247 S. W. 524; Harris v. State, 93 Texas Crim. Rep. 349; 248 S. W. 54; Bell v. State, 250 S. W. 177; Forrester v. State, 250 S. W. 1027; Burks v. State, 260 S. W. 181.
A special charge requested by defendant was refused. There is no notation on the charge showing that exception was reserved to its refusal, neither is there a formal bill of exception preserving the point. It is indispensable that an exception in one form or the *54 other appear from the record. (Linder v. State, 250 S. W. 703, and authorized therein cited.)
The judgment is affirmed.
Affirmed.
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Cite This Page — Counsel Stack
271 S.W. 915, 100 Tex. Crim. 53, 1925 Tex. Crim. App. LEXIS 326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spencer-v-state-texcrimapp-1925.