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104 Tex. Crim. 432

284 S.W 574

Bailey v. State

Court of Criminal Appeals of Texas

Decided February 24, 1926

Court of Criminal Appeals of Texas · decided 1926-02-24

<p>The opinion states the case.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1926-02-24

How this case has been cited

Cited by 3 later decisions — most recently February 1959

3 state decisions

101926193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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BERRY, Judge.

¶1 The offense is the possession of intoxicating liquor, and the punishment is three years in the penitentiary.

¶2 Appellant complains at the court’s action in overruling his first application for a continuance. The application is not in conformity with the statute, and the court’s ruling thereon was correct. Art. 543, 1925 Revised C. C. P.

¶3 The court did not err in overruling the motion to quash the indictment. The indictment follows the language of the statute and this statute has often been held by this court to be valid.

¶4 We cannot agree with appellant’s contention that the jury should have been instructed to return a verdict of not guilty. The state witnesses in this case were not accomplices and are expressly declared not to be by the statute itself.

¶5 We have examined the other special charges offered by the appellant and think that so far as they correctly state the law they were covered by the court in his main' charge to the jury.

¶6 Finding no error in the record, the judgment is in all things affirmed.

¶7 Affirmed.

¶8 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.

¶9 •

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