Whitehead v. State, 15848.
| Decision Date | 03 May 1933 |
| Docket Number | No. 15848.,15848. |
| Citation | 60 S.W.2d 207 |
| Parties | WHITEHEAD v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from District Court, McCulloch County; E. J. Miller, Judge.
Eugene Whitehead was convicted of possessing intoxicating liquor for the purpose of sale, and he appeals.
Reversed and remanded.
Shropshire & Sanders, of Brady, for appellant.
Lloyd W. Davidson, State's Atty., of Austin, for the State.
The offense is possession of intoxicating liquor for the purpose of sale; the punishment, confinement in the penitentiary for one year.
The testimony of the sheriff was, in substance, as follows: Appellant was staying at a house on the Mason road a part of the time during the month of June, 1932, and had been staying there some two or three weeks prior to June 6th. Raymond Johnson and G. L. Miers stayed at the same house. The witness had seen appellant, Johnson, and Miers at the house. When he passed the house, he would ordinarily see appellant's car there, and he frequently saw appellant in his car with Johnson and Miers. On June 6, 1932, he went to the house in question with other officers for the purpose of searching for intoxicating liquor. Appellant was not at the house when the officers arrived, and did not appear on the scene at any time. Those present when the officers reached the house and instituted the search were G. L. Miers, Mr. Sanders, and Dr. Powers. In the house the officers found a five-gallon container with something like three pints of whisky in it, about a quart of alcohol, a dozen empty quart bottles in a crate, some crates of pint bottles, a number of caps for beer bottles, and several little "serving glasses." Some of these glasses were on a table. The officers also discovered about a half gallon of corks stacked in different places. There were some empty bottles in a closet, and in a small back room. The whisky was in the bathroom in the bathtub. The bottles in the crates were new. The witness had seen appellant at the house within the last two or three days prior to the raid. He saw appellant's car there the day after the raid. Prior to the raid he had observed cars parked at the house on many occasions. There was a telephone in the house in Raymond Johnson's name. There were no cooking utensils in the house. The furniture consisted of two beds.
Other witnesses for the state testified that they had seen appellant at the house in question a day or two prior to the raid, and also on several occasions after the raid. The owner of the house testified for the state that he had a talk with G. L. Miers about renting the house, and that about the 1st of June, 1932, Johnson paid him some rent on...
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