MIDDLEBROOK v. STATE

No. 37782.

387 S.W.2d 51 (1965)

Artis W. MIDDLEBROOK, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 24, 1965.


Attorney(s) appearing for the Case

Weldon Holcomb, Tyler, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Judge.

The offense is unlawfully transporting beer in a dry area; the punishment, a fine of $100.00.

In view of the disposition of this cause, a recitation of the facts is deemed unnecessary.

It is axiomatic that every affirmative defense raised by the evidence shall be submitted to the jury in the court's charge. The fact that the judge does not believe the accused's defense does not alter his duty to submit the question to the jury for...

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