Robertson v. State, 26806
| Decision Date | 03 February 1954 |
| Docket Number | No. 26806,26806 |
| Citation | 159 Tex.Crim. 552,265 S.W.2d 591 |
| Parties | ROBERTSON v. STATE. |
| Court | Texas Court of Criminal Appeals |
Ben F. Mooring, Paris, for appellant.
Wesley Dice, State's Atty., Austin, for the State.
BELCHER, Commissioner.
Appellant was convicted for the unlawful possession of whiskey for the purpose of sale in a dry area, with a prior conviction of like character alleged for enhancement of penalty; the punishment, one year in jail and a fine of $500.
It was stipulated that Lamar County was a dry area.
It was further stipulated that appellant was convicted on February 2, 1953, for the possession of whiskey for the purpose of sale in a dry area.
Appellant challenges the sufficiency of the evidence to support the conviction.
On the night of August 8, 1953, Deputy Sheriffs Fuller and White were seated in an automobile near Barrett's Recreation Center in Paris, Texas. Deputy Sheriff Fuller testified that while seated in the automobile he saw appellant come out of some bushes about 11 P.M. and meet two persons near a street light, who had come from a dance hall about thirty yards away; that he was about twenty-five yards from them; that he saw a package pass from appellant to these persons; he further testified that he saw appellant come out of the bushes again when 'Charles Tatum came out and whistled and Maurice came out of the bushes and they had a little conversation and he went back into the bushes and Charles Tatum went back into Barrett's.' He further testified that 'A few minutes after that another party came from the dance hall or the building at Barrett's and walked down same place as first two walked past the light pole and the defendant came out of the bushes again;' that Deputy Sheriff White went to appellant, took a pint of whiskey from him and 'found another pint of whiskey back in the grass * * * west from where he came from.'
Deputy Sheriff White testified that on the night of August 8, 1953, 'I saw Lemoine Womack and another party, I believe it was John Ladd, come out of the dance hall, walk down to this light pole, go behind an automobile parked across from where Maurice (appellant) was concealed, and Maurice came out of the bushes;' that 'Maurice handed Lemoine Womack a package, who in turn handed it to John Ladd;' that 'Mr. Ladd gave some object to Lemoine Womack, who in turn handed it to Maurice Robertson and he crammed it in his pocket;' that the object he saw Maurice Robertson hand Lemoine Womack was 'six to eight inches long and four to five inches wide in a paper sack.'
He further testified that 'In a short while Charlie Tatum came out from the dance hall and walked down to the same place and whistled a couple of times and Maurice Robertson came out and they talked a little while and Charles Tatum left and went back into the dance hall and Maurice Robertson went back into the bushes, and at 12:05 another individual came out of the dance hall and Maurice Robertson came across the ditch and...
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Davis v. State
...(if he did so) does not show that he did not later break and enter the building with the intent to commit theft. In Robertson v. State, 159 Tex.Cr.R. 552, 265 S.W.2d 591, the conviction was for possession of whiskey in a dry area for the purpose of sale. Robertson told the officer as he was......
- Nixon v. State, 26730