LAW.coLAW.co

E. L. Northcutt v. The State

Texas Court of Criminal Appeals1896-03-18No. No. 961
35 Tex. Crim. 584

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

DAVIDSON, Judge.

This is a conviction for a violation of the local option law, in Precinct No. 2, of Parker County. Appellant was charged with and convicted of selling whiskey in said precinct to one ■John Hardgraves. The testimony discloses that Hardgraves had his place of business in Springtown, in said Precinct No. 2; and gave the appellant a written order for two quarts of whiskey, to be delivered by appellant to him at his said place of business; the appellant residing and having his saloon business in Wise .County. The evidence shows that the whiskey was delivered to Hardgraves at his place of business, in Springtown, by one Bob Carey, by whom the ■appellant sent the whiskey. Carey was the agent of the appellant. This sale was in Precinct No. 2, of Parker County, and therefore ■a violation of the local option law. See, Com. v. Holstine, 132 Pa. Stat., 357; 19 Alt. Rep., 273; In re Liquors of Young; 15 R. I., 243; 3 Atl. Rep., 3; Com. v. Shurn, 145 Mass., 150; 13 N. E. Rep., 395; Com. v. Burgett, 136 Mass. 450. There is no question in the record but that Carey was the agent of the appellant. The proof is absolutely ■conclusive that he was; and if the court assumed in its charge (as alleged by appellant), which is doubtful, that he was the agent ofthe appellant, there was no error under the circumstances of this case. The second objection of the appellant to the charge of the court is not well taken; When read in connection with the facts, “dispose of’’means “sale.” The judgment is affirmed.

Affirmed.