McDaniel v. State

• Court: Texas Court of Criminal Appeals
• Writing for the Court: Davidson
• Citation: McDaniel v. State, 65 S.W. 1068, 3 Tex. Ct. Rep. 783 (Tex. Crim. App. 1901)
• Decision Date: 18 December 1901
• Parties: McDANIEL v. STATE.

65 S.W. 1068

McDANIEL v. STATE.

Court of Criminal Appeals of Texas.

December 18, 1901.

Appeal from Lamar county court; Wm. Hodges, Judge.

T. L. McDaniel was convicted of violating the local option law, and he appeals. Affirmed.

Allen & Dahoney and B. B. Sturgeon, for appellant. Robt. A. John, Asst. Atty. Gen., for the State.

DAVIDSON, P. J.

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.

The evidence discloses that appellant sold several bottles of Peruna and lemon ginger. There is no question that it was intoxicating, and the purchasers became very much intoxicated from drinking it. Appellant proposed to prove by a third party, from whom he bought the Peruna, that it was not violative of the local option law to handle and sell the Peruna in a local option district. This, he says, went to his intent. The court excluded this testimony at the request of prosecution, and error is assigned. The ruling of the trial court was in strict accord with the decisions in this state. Petteway v. State, 36 Tex. Cr. R. 97, 35 S. W. 646; Pike v. State, 40 Tex. Cr. R. 613, 51 S. W. 395; Allen v. State (Tex. Cr. App.) 59 S. W. 264.

It is contended the evidence does not support the conviction. The only testimony in the record as to the intoxicating properties of the Peruna and lemon ginger is that those who drank it became very much...