The Texas Criminal Reports Volume 73

The Texas Criminal Reports Volume 73

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...affecting their credit, it might be admissible. Yet after asking these questions and eliciting that they had taken a few drinks that day, a matter with which appellant was in no way connected, and then ask them if they had not drunk with appellant, and when denied, pursue it no further, would incline one to the opinion that it was but an effort to prejudice a jury, in a prohibition county, against appellant and some of his material witnesses. Again we can not see as to what issue in the case it was material as to whether or not appellant had a bottle of whisky in his store that day. The fight did not take place in the store, nor near it, nor how it was material as to whether appellant had in fact taken a drink or two that day. It is not contended that he was intoxicated at the time of the fight, nor so drunk he could not intelligently detail what occurred, nor that this fight grew out of or was about the drinking of any whisky. Appellant contends that all this testimony was calculated to prejudice the jury against him, and from the amount of the punishment assessed, it seems that this, or some other circumstance not disclosed by this record, did cause them to assess a most unusual punishment for this character of offense--a fine of seven hundred and fifty dollars. As under the facts in this case this testimony was inadmissible, and may have contributed to the punishment fixed, we can not say it was harmless error, and on another trial it will not be admitted, unless the State expects in some way to connect it up with the transaction for which appellant is on trial. There are several bills relating to this matter, but we do not deem it necessary to discuss each of them. It is useless to discuss the motion for a continuance as more

Product details

  • Paperback | 388 pages
  • 189 x 246 x 20mm | 689g
  • United States
  • English
  • black & white illustrations
  • 1236975324
  • 9781236975324