Kuhn v. State

• Decision Date: 23 January 1895
• Citation: Kuhn v. State, 29 S.W. 272, 34 Tex. Cr. R. 85 (Tex. Crim. App. 1895)
• Parties: KUHN v. STATE.
• Court: Texas Court of Criminal Appeals

29 S.W. 272

KUHN v. STATE.

Court of Criminal Appeals of Texas.

January 23, 1895.

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....