Price v. State

• Court: Texas Court of Criminal Appeals
• Writing for the Court: MORRISON
• Citation: Price v. State, 365 S.W.2d 167 (Tex. Crim. App. 1963)
• Decision Date: 27 February 1963
• Docket Number: No. 35446,35446
• Parties: Alfred PRICE, Appellant, v. The STATE of Texas, Appellee.

Page 167

365 S.W.2d 167

Alfred PRICE, Appellant, v. The STATE of Texas, Appellee.

No. 35446.

Court of Criminal Appeals of Texas.

Feb. 27, 1963.

Gilbert M. Spring, Lufkin, for appellant.

Leon B. Douglas, State's Atty., of Austin, for the State.

MORRISON, Judge.

The offense is transportation of whiskey in a dry area; the punishment, a fine of $250.00.

Sheriff Tindall testified that on the day in question he observed appellant walking toward two men in an alley behind a cafe and that two inches of a whiskey bottle were protruding from his hip pocket. He further testified without objection that he searched appellant and found the bottle to contain Sunnybrook Whiskey. His testimony was corroborated by the witness Halbert. Appellant did not testify or call any witnesses in his behalf. The dry status of the area was established.

We find the evidence sufficient to support the conviction.

The sole question presented by brief and in argument is the failure of the court to charge the jury in accordance with the terms of Article 666-23a(1), Vernon's Ann.P.C., to the effect that one who purchases alcoholic beverages for his own...