Grimes v. State
Decision Date | 04 March 1903 |
Citation | 72 S.W. 862 |
Parties | GRIMES v. STATE. |
Court | Texas Court of Criminal Appeals |
Appeal from Midland County Court; E. R. Bryan, Judge.
R. J. Grimes was convicted of a violation of the local option law, and appeals. Reversed.
Woodruff & Hughes and Cunningham & Oliver, for appellant. Howard Martin, Asst. Atty. Gen., for the State.
Appellant was convicted of violating the local option law, and his punishment assessed at a fine of $25 and 20 days' confinement in the county jail.
Bill of exceptions No. 2 complains of the following matter: This testimony was not admissible, for the reasons stated by appellant. Appellant concedes in his able brief that we have held in Young v. State (Tex. Cr. App.) 66 S. W. 567, that it is permissible to show other sales where the crime is committed in a peculiar manner, and thereby indicates a system under which the law is being violated. But where there is no system, and the evidence cannot serve to identify the transaction, or is not a part and parcel of the res gestæ thereof, it cannot shed light upon the transaction, but would merely serve to prejudice the rights of appellant. Proof that appellant sold whisky to Smith per se would not be evidence of the fact that he sold...
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State v. Lowry
...State, Tex. 90 S.W. 166; Johnson v. State, Tex. 62 S.W. 756; Erwin v. State, Ga. 49 S.E. 689; Cook v. State, Miss. 32 So. 312; Crimes v. State, Tex. 72 S.W. 862; People v. Dial, Cal. 153 P. 970; Smith v. Okla. 113 P. 204; Lee v. State, Tex. 73 S.W. 407; Allen v. State, Tex. 73 S.W. 397; Dri......