Court of Criminal Appeals of Texas, 1937

Jarvis v. State

Jarvis v. State
Court of Criminal Appeals of Texas · Decided October 13, 1937 · Lattimore, Christian
110 S.W.2d 1154; 133 Tex. Crim. 361; 1937 Tex. Crim. App. LEXIS 581 (South Western Reporter, Second Series)

Jarvis v. State

Addendum

ON APPELLANT’S MOTION FOR REHEARING.

CHRISTIAN, Judge. —

In his motion for rehearing appellant insists that we were in error in holding that the inspectors of the Liquor Control Board were not accomplice witnesses. In support of the conclusion announced in the original-opinion herein we cited Stevens v. State, Opinion No. 18,823, delivered October 13, 1937. On the 8th of December, 1937, the motion for rehearing in Stevens’ Case was overruled (page 333 of this volume).

Appellant’s motion for rehearing is overruled.

Overruled.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.

Opinion of the Court

LATTIMORE, Judge. —

Conviction for violating the Texas Liquor Control Act; punishment, a fine of $500.00 and six months confinement in the county jail.

The questions raised upon this appeal are the refusal of the court to quash the indictment because of the failure to negative certain exceptions claimed to be in the statute;-and because of the refusal of the court to submit the question as to whether the inspectors, who bought the liquor alleged to have been sold in violation of law, were accomplices. These questions have been disposed of adversely to appellant in the case of Baker v. State, 106 S. W. (2d) 308, and other cases, and in the case of Stevens v. State, No. 18823, opinion this.day handed down (page 333 of this volume).

Finding no error in the record, the judgment will be affirmed.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.