Opinion
No. 13730.
Delivered November 26, 1930.
1. — Intoxicating Liquor — Continuance.
Where no diligence is shown, appellant's motion for continuance was properly overruled.
2. — Same.
Subsequent continuance will not be granted for cumulative testimony.
3. — Intoxicating Liquor — Evidence.
In prosecution for illegal sale of intoxicating liquor, the fact that the alleged purchaser paid for the liquor with money furnished him by another, affords appellant no ground for complaint.
4. — Same.
It was competent for the sheriff to testify that after the sale he found a quantity of whisky in the house where appellant lived.
Appeal from the District Court of Matagorda County. Tried below before the Hon. M. S. Munson, Judge.
Appeal from a conviction for selling intoxicating liquor; penalty, confinement in the penitentiary for one year.
The opinion states the case.
W. Owen Dailey and Lawrence H. Kenner, both of Houston, for appellant. Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Conviction for selling intoxicating liquor; punishment, one year in the penitentiary.
Appellant made a second motion for continuance which was properly overruled. Diligence for the absent witness was not shown. Appellant had another witness present who gave in substance the same testimony as that set up in the application. Subsequent continuances will not be granted for cumulative testimony. Harvey v. State, 35 Tex.Crim. Rep.; Bearden v. State, 47 Tex.Crim. Rep.; Sec. 322, Branch's Annotated P. C., and authorities cited.
That Jones, the alleged purchaser, paid for the liquor with money furnished him by another, affords appellant no ground for complaint. Bruce v. State, 39 Tex.Crim. Rep.; Smart v. State, 49 Tex.Crim. Rep.; Sec. 1236, Branch's Annotated P. C., and authorities cited.
It was competent for Mr. Mangum, the sheriff, to testify that after the alleged sale he raided the house of appellant's mother where he lived, and that he found there a quantity of whisky. Starbeck v. State, 53 Tex.Crim. Rep.; Field v. State, 55 Tex.Crim. Rep.; Branch's Annotated P. C., p. 710, and authorities cited.
Finding no error in the record, the judgment will be affirmed.
Affirmed.
HAWKINS, J., absent.