Harris v. State

Full title: D. N. HARRIS v. THE STATE

Court: Court of Criminal Appeals of Texas

Date published: Apr 30, 1930

27 S.W.2d 544 (Tex. Crim. App. 1930)

27 S.W.2d 544

Opinion

No. 13329.

Delivered April 30, 1930.

1. — Intoxicating Liquor — Evidence.

The testimony of a witness to the effect that before going to the place where appellant lived, witness got a card from a party upon which was written "Mr. Harris O. K. E. D. M." was properly admitted.

The qualification on the bill shows that when the witness gave the card to appellant, he looked at it, laid it on the shelf and then got the whisky and sold it to the witness.

2. — Search Warrant — Evidence.

The evidence as to the result of the search was properly admitted.

Appeal from the District Court, Howard County. Tried below before the Hon. Fritz R. Smith, Judge.

Appeal from a conviction for selling intoxicating liquor; penalty, one year in the penitentiary.

The opinion states the case.

Clyde E. Thomas of Big Springs, for appellant.

A. A. Dawson, State's Attorney, of Austin, for the State.

LATTIMORE, JUDGE. —

Conviction for selling intoxicating liquor; punishment, one year in the penitentiary.

There are two bills of exception in the record. The first complains of testimony of the purchaser of the intoxicating liquor to the effect that before going to the place where appellant lived, witness got a card from a party in Big Springs upon which was written "Mr. Harris O. K. E. D. M." The bill is qualified by the statement of the trial judge who says that it is in testimony that when the witness gave said card to appellant, he looked at it and laid it upon a shelf and then got the liquor and sold it to witness. We see no error in the admission of the testimony.

The remaining bill of exception complains of the introduction of testimony as to what was found upon appellant's premises under a search by a search warrant. This bill is also qualified by the trial court and presents no error. There were two counts in the indictment, one charging possession of intoxicating liquor, the other the sale of such liquor. The indictment, the charge of the court, the judgment and sentence appear to be in conformity with the law.

No error appearing, the judgment will be affirmed.

Affirmed.