Campbell v. State

• Decision Date: 28 April 1897
• Citation: 40 S.W. 282
• Parties: CAMPBELL v. STATE.
• Court: Texas Court of Criminal Appeals

40 S.W. 282

CAMPBELL v. STATE.

Court of Criminal Appeals of Texas.

April 28, 1897.

Appeal from Brown county court; Charles Rogan, Judge.

Alexander Campbell was convicted of a violation of the local option law, and appeals. Reversed.

Mann Trice, for the State.

DAVIDSON, J.

Appellant was convicted of selling intoxicating liquor to Boss Messick, in a local option precinct, and his punishment assessed at a fine of $25 and 20 days' confinement in the county jail; hence this appeal.

The alleged purchaser testified, in behalf of the state: That he approached the defendant and asked him if he could procure him some beer, and, being informed that he could, gave appellant $1.50, and requested him to get the beer. Appellant went into the Temperance Hall (a place kept by Arnold & Scott) at the front door, the witness going to the back door, at which point defendant delivered to the witness 12 bottles of beer, and asked the witness if he would give him a bottle. The bottle was given appellant, and he drank it. It was shown that the beer bought was the usual size of bottles that sold at 12½ cents apiece. This witness further testified: "I did not buy any beer from the defendant. I got him to get the beer for me. I know that beer is kept in the Temperance Hall. I have seen Mr. Arnold hand it out over the counter." On redirect examination by the state, the witness stated that he was 18 years of age when the defendant got the beer for him. "I don't know whether he knew how old I was or not. I have known him about two years. He lives about 200 yards from where I live. I knew that I could not get the beer myself, because I did not belong to the club. I don't know whether the defendant belonged to the club or not. I have never heard that he belonged to the club. * * * I gave him the money, and requested him to get it for me, and he did so. I do not know from whom the defendant got the beer. I did not see him get it. I gave him $1.50, and he got the beer for me, and I paid no money to any one else. The beer defendant bought me was lager beer." The defendant reserved a bill of exceptions to that portion of the evidence of the witness Messick which showed him to be under 21 years of age. The court says this was admitted "for the purpose of showing the aggravation of the offense, if any had been committed." This testimony, we think, was inadmissible. Appellant was not charged with selling intoxicating liquors to a minor, but was charged with a violation of the local option law. It could serve...