183 S.W. 145 | Tex. Crim. App. | 1916
Appellant was convicted of violating the local option law, and his punishment assessed at a fine of $25 and 20 days’ imprisonment in the county jail.
“The foregoing bill of exceptions, examined and approved with the following explanation and qualifications, to wit: The state’s witness Turner had testified that on June 13, 1915, he had bought two bottles of whisky from the defendant ; that he went' down to defendant’s house in the morning and defendant’s wife delivered one of the bottles to him; that later in the afternoon he went back and got the other bottle; that defendant was not there and did not in person deliver either bottle to him; that he had previously had an agreement with the defendant that he could get whisky at any time and that defendant’s wife would make the deliveries ; that on the next night, June 14th, witness paid the defendant, in person, $2 for the two bottles (pints) that he had gotten on Sunday before; whereupon the court over objection of defendant allowed the state to ask the witness if he previously had gotten other whisky from defendant in the same manner, the court being of opinion that it was legitimate to explain the manner of delivery of the whisky and as showing the system employed by defendant in making sales of whiskey and delivery thereof.”
As thus qualified, the bill presents no error. Holland v. State, 51 Tex. Cr. R. 142, 101 S. W. 1005; Carnes v. State, 51 Tex. Cr. R. 437, 103 S. W. 403 ; Fitze v. State, 85 S. W. 1156; Hollar v. State, 73 S. W. 962; Gorman v. State, 52 Tex. Cr. R. 327, 106 S. W. 384.
“In misdemeanor cases if one advised another, or acts through an agent, whether present or not, or whether acting with those actually engaged in the commission of the offense or not, he is a principal and can be prosecuted and convicted as such.”
See, also, Caudle v. State, 74 S. W. 545; Moncla v. State, 70 S. W. 548; Kaufman v. State, 38 S. W. 771; Beuchert v. State, 37 Tex. Cr. R. 505, 40 S. W. 278; Hawkins v. State, 51 Tex. Cr. R. 37, 100 S. W. 956 ; Lott v. State, 58 Tex. Cr. R. 604, 127 S. W. 191.
The judgment is affirmed.
other oases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes