Jones v. State

• Decision Date: 26 November 1919
• Docket Number: (No. 5586.)
• Citation: 216 S.W. 183
• Parties: JONES v. STATE.
• Court: Texas Court of Criminal Appeals

216 S.W. 183

JONES v.STATE.

(No. 5586.)

Court of Criminal Appeals of Texas.

November 26, 1919.

Appeal from District Court, Houston County; John S. Prince, Judge.

Bud Jones was convicted of violating the local option law, and he appeals.Affirmed.

Alvin M. Owsley, Asst. Atty. Gen., for the State.

DAVIDSON, P. J.

Appellant was convicted of violating the local option law and awarded one year in the penitentiary.

The state's case is made by the testimony of the alleged purchaser.Appellant offered no testimony.The state's witness testified he bought a bottle of whisky, or what he believed to be whisky, from the appellant, and the facts and circumstances show that it was whisky.It seems the witness became very much intoxicated from the use of the contents of the bottle.We think the evidence is sufficient.

Appellant asked the court for a continuance on account of the absence of his mother, by whom he expected to prove an alibi.There was no process issued for the mother, and he relied upon her promise to attend court to testify in his behalf....