Kuhn v. State

Decision Date23 January 1895
Citation29 S.W. 272
PartiesKUHN v. STATE.
CourtTexas Court of Criminal Appeals

Appeal from Tarrant county court; Robert G. Johnson, Judge.

Rudolph Kuhn was convicted of selling liquor to a minor, and appeals. Affirmed.

Mann Trice, for the State.

DAVIDSON, J.

Appellant prosecutes this appeal from a conviction of selling liquor to a minor. He only excepted to the charge of the court because it instructed the jury it devolved upon him to prove he had the proper written consent to sell liquor to such minor, the sale being knowingly made. The exception was not valid. Reynolds v. State, 32 Tex. Cr. R. 36, 22 S. W. 18. Appellant's requested instruction, though abstractly correct, was properly refused, because it had no application to the case. He did not adduce in evidence written consent from either parent authorizing the sale to the minor. The judgment is fully sustained by the testimony, and is affirmed.

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3 cases
  • Tro v. State
    • United States
    • Texas Court of Criminal Appeals
    • June 26, 1925
    ...was considered in Lucio v. State, 35 Tex. Cr. R. 320, 33 S. W. 358; Milam v. State, 66 Tex. Cr. R. 249, 146 S. W. 185; Kuhn v. State, 34 Tex. Cr. R. 85, 29 S. W. 272; Blair v. State, 26 Tex. App. 387, 9 S. W. 890; Leonard v. State, 7 Tex. App. 417; Jones v. State, 13 Tex. App. 1; Robert v. ......
  • Robert v. State
    • United States
    • Texas Court of Criminal Appeals
    • January 26, 1921
    ...is on the accused. Reynolds v. State, 32 Tex. Cr. R. 36, 22 S. W. 18; Jones v. State, 32 Tex. Cr. R. 108, 22 S. W. 149; Kuhn v. State, 34 Tex. Cr. R. 85, 29 S. W. 272; section 1261, Bishop on Statutory Where the facts necessary to support such negative averment lie peculiarly within the kno......
  • Ex Parte Sargent
    • United States
    • Texas Court of Criminal Appeals
    • January 23, 1895
    ... ... From an order denying the application, he appeals. Reversed ...         Furman & Bowlin, for appellant. Mann Trice, for the State ...         DAVIDSON, J ...         Upon the hearing of his application, the relator was refused bail, and this appeal prosecuted ... ...

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