Whitten v. State

Court of Criminal Appeals of Texas

Whitten v. State

170 S.W. 718, 75 Tex. Crim. 225, 1914 Tex. Crim. App. LEXIS 455

CourtCourt of Criminal Appeals of Texas

DecidedNovember 11, 1914

DocketNo. 3327.

StatusPublished

This text of 170 S.W. 718 (Whitten 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

Whitten v. State, 170 S.W. 718, 75 Tex. Crim. 225, 1914 Tex. Crim. App. LEXIS 455 (Tex. 1914).

Pincite

Opinion

HABPEB, Judge.-

—Appellant was convicted of violating the prohibition law in force in Bed Biver County.

His contention is that the evidence does not show a sale, in that it does not show a delivery of the whisky by appellant. Walter Keeton testified that he knew appellant and approached and told him he desired some whisky. . Appellant said that he had some at home in his trunk; that he paid appellant $3 for the whisky, and went to appellant’s home, and appellant’s brother showed him which.was appellant’s trunk, and he went into it and got a quart of whisky. This was a sale, and the court did not err in so holding.

The judgment is affirmed.

Affirmed.

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HABPEB, Judge.-

—Appellant was convicted of violating the prohibition law in force in Bed Biver County.

His contention is that the evidence does not show a sale, in that it does not show a delivery of the whisky by appellant. Walter Keeton testified that he knew appellant and approached and told him he desired some whisky. . Appellant said that he had some at home in his trunk; that he paid appellant $3 for the whisky, and went to appellant’s home, and appellant’s brother showed him which.was appellant’s trunk, and he went into it and got a quart of whisky. This was a sale, and the court did not err in so holding.

The judgment is affirmed.

Affirmed.

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Bluebook (online)

170 S.W. 718, 75 Tex. Crim. 225, 1914 Tex. Crim. App. LEXIS 455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitten-v-state-texcrimapp-1914.