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Yarbrough v. State

Lee Yarbrough v. State

Yarbrough v. State, 45 S.W.2d 206 (Tex. Crim. App. 1932)
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Court
Court of Criminal Appeals of Texas · State Highest Courts
Decided
January 6, 1932
Docket
No. 14665
Judges
Lattimore
Citations
45 S.W.2d 206119 Tex. Crim. 3611932 Tex. Crim. App. LEXIS 89

Opinion of the Court — Lattimore

Text extracted by OCR from a scanned original; check the original for exact wording.

LATTIMORE, Judge.

Conviction for possessing intoxicating liquor; punishment, one year in the penitentiary.

Appellant defended upon the proposition of an alibi. The charge of the court in reference to this defense told the jury that if the evidence *362 raised in their minds a reasonable doubt as to the presence of the defendant at the place where the offense was committed, if any such was committed, they should give the defendant the benefit of such doubt and acquit him. This seems to have been excepted to as insufficient. The charge has been approved. McLeroy v. State, 97 Texas Crim. Rep., 307 , 263 S. W., 309 , followed and approved in Mitchell v. State, 103 Texas Crim. Rep., 93 , 279 S. W., 1112 .

The facts sufficiently showed appellant to have been in possession of a quantity of whisky on the occasion laid in the indictment and need not be set out at length. We have given consideration to the matters set out in appellant’s brief, but believe the record to be here without any showing of error, and the judgment will be affirmed.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1941: 119412026peak 1941 · 1

Relies on it most ⓘ

  1. Welch v. State154 S.W.2d 248 (Tex. Crim. App. 1941)

Most recent

  1. Welch v. State154 S.W.2d 248 (Tex. Crim. App. 1941)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
McLeroy v. State, 263 S.W. 309 (Tex. Crim. App. 1924) 3
Mitchell v. State, 279 S.W. 1112 (Tex. Crim. App. 1926) 2

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