Herman v. State

• Decision Date: 05 June 1929
• Docket Number: (No. 12599.)
• Citation: 18 S.W.2d 170
• Parties: HERMAN v. STATE.
• Court: Texas Court of Criminal Appeals

18 S.W.2d 170

HERMAN v. STATE.

(No. 12599.)

Court of Criminal Appeals of Texas.

June 5, 1929.

Commissioner's Decision.

Appeal from District Court, Dawson County; Gordon B. McGuire, Judge.

W. H. Herman was convicted of manufacturing intoxicating liquor, and he appeals. Affirmed.

Marshall & Stewart, of Lubbock, for appellant.

A. A. Dawson, State's Atty., of Austin, for the State.

MARTIN, J.

Offense, manufacturing intoxicating liquor; penalty, one year in the penitentiary.

Searching officers found on the premises of appellant a still in operation, together with a quantity of whisky and mash.

The illegality of the search is the only question presented by the record.

Appellant and his witnesses testified to substantially the same facts as the officers, admitting the presence of the still, whisky, and mash on the premises belonging to appellant, as well also as ownership of same, claiming that the whisky was being manufactured for medicinal purposes for the wife of appellant. Under these circumstances, the error, if any, in admitting the testimony of the officers, was rendered harmless. Appellant, having made the same proof, is in no position to complain, as has been many times held. Campbell v. State, 89 Tex. Cr. R. 243, 230 S. W. 695; McLaughlin v. State, 109 Tex. Cr. R. 307, 4 S.W.(2d) 54, in which many authorities are collated.

The judgment is affirmed.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and approved by the court.