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Gaines v. State

Court of Criminal Appeals of Texas
Jan 28, 1959
320 S.W.2d 157 (Tex. Crim. App. 1959)

Opinion


320 S.W.2d 157 (Tex.Crim.App. 1959) Aaron GAINES, Appellant, v. STATE of Texas, Appellee. No. 30345. Court of Criminal Appeals of Texas. January 28, 1959

[167 TEXCRIM 271] R. E. Murphey, Coleman, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.

MORRISON, Presiding Judge.

The offense is transportation of beer in a dry area; the punishment, 3 months in jail and a fine of $500.

It was stipulated that Justice Precinct No. 1 of Concho County was a dry area. Terry, Constable of said precinct, testified that on the day in question he observed a gray Pontiac automobile being loaded with beer at a tavern in an adjoining precinct. He stated that after the automobile drove over into Precinct No. 1 he stopped the same, shone his flashlight in the rear, and observed nine cases of beer, that he asked the appellant, who was the driver, if he had any more beer, and the appellant replied in the affirmative; whereupon they opened the trunk of the automobile and there found one additional case of beer. He stated that he arrested one Robles, who was seated in the automobile, for being intoxicated and arrested the appellant for transporting.

The appellant did not testify or offer any evidence in his own behalf.

By brief, the appellant contends that the court committed fundamental error in failing to instruct the jury that appellant's failure to testify should not be considered by them in reaching their verdict. This Court has recently held in Galan v. State, Tex.Cr.App., 301 S.W.2d 141, that it is not error for the court to refuse such a charge when requested.

[167 TEXCRIM 272] Finding the evidence sufficient to sustain the conviction and no reversible error appearing, the judgment is affirmed.


Summaries of

Gaines v. State

Court of Criminal Appeals of Texas
Jan 28, 1959
320 S.W.2d 157 (Tex. Crim. App. 1959)
Case details for

Gaines v. State

Case Details

Full title:Aaron GAINES, Appellant, v. STATE of Texas, Appellee.

Court:Court of Criminal Appeals of Texas

Date published: Jan 28, 1959

Citations

320 S.W.2d 157 (Tex. Crim. App. 1959)

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See also Article 38.08, supra, note 107; Article 36.14, V.A.C.C.P., note 420; 1 Branch's Ann.P.C., 2nd. ed.,…