Reynolds v. State

• Decision Date: 15 April 1893
• Citation: Reynolds v. State, 22 S.W. 18, 32 Tex. Cr. R. 36 (Tex. Crim. App. 1893)
• Parties: REYNOLDS v. STATE.
• Court: Texas Court of Criminal Appeals

22 S.W. 18

REYNOLDS v. STATE.

Court of Criminal Appeals of Texas.

April 15, 1893.

Appeal from Gregg county court; J. T. Smith, Judge.

Walter Reynolds was convicted of selling liquor to a minor, and he appeals. Reversed.

R. L. Henry, Asst. Atty. Gen., for the State.

HURT, P. J.

Appellant was convicted for selling liquor to one Luskin Taylor, a minor, and his punishment assessed at a fine of $25. The indictment was presented in the district court on the 29th of December, 1891. The transcript from the district court was filed in the county court on the 3d of February, 1892. On the 1st of February, appellant, by counsel, filed a plea, which was in the nature of a plea to the jurisdiction of the county court, predicated on the fact that the case had not then been properly transferred from the district court to the county court. This plea was filed 13 days before the case was called for trial. On the 16th of February, 1892, when the case was called for trial, the plea was submitted and overruled. In this there was no error, as the transcript had been on file 13 days. The cases cited are not in point.

The second assignment presents the question, must the state prove the accused did not have the written order from the parent or guardian, or some one authorized to give such order, or must the accused produce, or establish the fact that he had, such order? After mature reflection, we are of opinion that the burden is on the accused.

The court charged the jury in regard to the knowledge of the accused as follows: "You will look at all the testimony surrounding the transaction, and, as it is impossible to ascertain what a man really knows or does not know, you will ascertain whether the facts and circumstances surrounding the transaction satisfy your minds, beyond a reasonable doubt, that defendant had knowledge of, or by the use of ordinary care, diligence, and prudence would have known, the age of said Luskin Taylor; for the law holds a man responsible for...