Griffin v. State
| Decision Date | 20 January 1932 |
| Docket Number | No. 14784.,14784. |
| Citation | 45 S.W.2d 617 |
| Parties | GRIFFIN v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from District Court, Coleman County; E. J. Miller, Judge.
Hale Griffin was convicted of selling intoxicating liquor, and he appeals.
Reversed and remanded.
Baker & Baker, of Coleman, for appellant.
Lloyd W. Davidson, State's Atty., of Austin, for the State.
The offense is selling intoxicating liquor; the punishment, confinement in the penitentiary for three years.
Appellant challenges the sufficiency of the evidence. It appears from the state's testimony that a state ranger went to a filling station on a highway near the town of Coleman on the 28th of May, 1929; that he purchased a bottle of beer, and that the seller poured some white whisky into the beer; that he purchased a pint of whisky from the seller, which was poured out of a gallon bottle filled with whisky; that the seller told him his name was Bill Hambright; that thereafter Bill Hambright was indicted and brought to trial for selling the ranger the whisky; that, when the ranger was called upon to identify Hambright as the seller, he declared he was not the man who sold him the liquor; that appellant was present outside of the courtroom during Hambright's trial, and the ranger stepped outside and identified appellant as the seller. It further appears from the state's testimony that appellant worked at the filling station described by the ranger, although appellant's testimony was to the effect that Bill Hambright ran the filling station. The present trial was had on May 22, 1931, which was approximately two years after the date of the alleged sale. Appellant offered several witnesses who testified that he was ill at the time of the alleged sale and had not been at the filling station for several days. Among these witnesses was the physician who treated him. The ranger had never seen appellant prior to the date of the alleged sale. Appellant's testimony was further to the effect that Bill Hambright was running the filling station on the day of the alleged sale. Apparently the ranger made no attempt to arrest the seller of the liquor, and secured no warrant for the search of the filling station. The record fails to disclose the date upon which the indictment was returned against Bill Hambright. The record shows that, when the ranger testified upon the trial of Hambright that he (Hambright) was not the man who sold him the liquor, the jury were instructed by the court to return a verdict of not guilty. In view of the fact that the case must be reversed because of the matters hereinafter discussed, we pretermit further discussion of the evidence, and express no opinion as to its sufficiency.
Appellant's witness J. E. Glazener, as disclosed by bill of exception No. 7, testified that on May 28, the date of the alleged sale, he saw appellant in the town of Coleman in his home, and that he was...
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