Cross v. State

• Decision Date: 07 March 1906
• Citation: 94 S.W. 1015
• Parties: CROSS v. STATE.
• Court: Texas Court of Criminal Appeals

Page 1015

94 S.W. 1015

CROSS v. STATE.

Court of Criminal Appeals of Texas.

March 7, 1906.

Rehearing Denied March 23, 1906.

Appeal from Tarrant County Court; R. F. Milam, Judge.

J. B. Cross was convicted of selling intoxicants to a minor, and he appeals. Affirmed.

W. C. Prewitt, for appellant. Howard Martin, Asst. Atty. Gen., for the State.

DAVIDSON, P. J.

This conviction was for selling intoxicants to a minor; the punishment being assessed at a fine of $50.

The alleged purchaser is Hayne Young, who testified, that on April 14, 1905, he bought from appellant a glass of beer; that appellant was engaged in the liquor and grocery business in a house about one block from the line which divides Ft. Worth from Glenwood. Local option was not in force at Glenwood at the time; that he had no written consent of his parents or guardian for the sale of beer by appellant to himself; that defendant's place of business is located just out of the boundary line of Glenwood; that he never saw appellant but once, and that was on the occasion about which he was testifying; that he had bought beer from other persons, but never made any complaint against them for selling to him. "I bought this beer from defendant for the purpose of making a complaint against him, and did it for the purpose of helping my brother, Rev. J. D. Young, drive the defendant out of the liquor business. My brother was opposed to the business, because he was a preacher, and because local option was in force in Glenwood, where he lived. * * * I never selected any guardian for myself, nor has a guardian ever been appointed by the probate court for me; but I live with my brother, Rev. J. D. Young, and he supports me. I am 6 feet tall, weigh about 145 pounds. I do not know whether defendant knew I was a minor or not. I did not tell him whether I was a minor or not. Harry Long, H. Matthews, and Claude Ames were in defendant's place of business on the night I bought the beer. I heard defendant refuse to sell beer to Claude Ames on the night I bought from defendant. I do not know why defendant refused to sell beer to Claude Ames." Rev. J. D. Young testified: "I am a preacher of the gospel, and live in Glenwood, and a brother of Hayne Young, who is a minor and lives with me. I know defendant. My brother Hayne Young told me about buying beer from defendant. After this defendant told me he had sold beer to my brother, but he would not have done so had he known he was my brother. Defendant also said to me in this connection, if we would dismiss the cases against him, he would go out of the liquor business, which he has since done. Hayne does not look to be over 16 or 17 years of age. He has the appearance of being about 17 years old. Ames testified that he was in appellant's place of business when defendant sold the beer to Hayne Young, and appellant refused to sell to him (the witness), and that he had seen him refuse to sell beer to minors on other occasions. This witness stated he was 22 years of age, and 5 feet 6 inches in height. Appellant testified, in his own behalf, that, if he ever sold beer to Hayne Young, he did not know it, and would not have done so, if he had known or believed he was a minor; that he has frequently refused to sell beer to minors, and, if he sold beer to Hayne Young, he believed in good faith he was not a minor. He further says: "I did say to Rev. J. D. Young that, if the people of Glenwood would let me alone and have the cases against me...