Citations
- 278 S.W.2d 298
Full opinion text
WOODLEY, Judge.
The conviction is for transporting beer and whisky in a dry area; the punishment, enhanced because of a prior conviction for an' offense of .like character, eighteén months in jail-and a finé of $1,000.. ,
Appellant, not having testified or offered evidence in his behalf, .challenges the sufficiency of the evidence to sustain the conviction. . ...
The dry status of the area -was admitted and appellant was shown to have been previously convicted of possessing whisky in á dry area for the purpose of sale.
The evidence shows that o.n January 11, Í954, appellant was permitted to take a Light Green 1951 Chevrolet Tudor Style-line Deluxe car, which he was .negotiating to purchase, from the Rocket Motor Company for demonstration purposes. This car was identified- by one of its owners as being involved in a collision the following morning. ' ;
J.errold Daniel,, a 21. year old grocery clerk, testified that he was acquainted with appellant and identified him as one of the-two occupants, of'a. 1951-Green Chevrolet which was involved.in an accident at the intersection of 40th Street and Avenue P, in Lubbock,' shortly after 7':20 A.M., which was before daylight, on'January 12,' 1954.'
Daniel testified' that the car overtook and passed him on Avenue P, some' 4: ’blocks from the scene of the collision; tliat'h'e' did not witness the accident, probably-bécaüse ■ of the flying dust and thfe'dárknéss,í'-'büt stopped when he. came.to. thq wreck;-that he saw appellant at the steering., wheel.; on -the driver’s, side of the .1.951 Greep Chqvrpr. let.. The. front end- of the cqn.wps. m^sjied and appellant and his. unidentified pompan-. ion on his right were against/the windshield and were unable to get out-until the witness and others opened the door. for them-.
Daniel further -testified that the alto-mobile in which the' defendant -was Seated had an odor of alcohol’ around it, and>-dVer' objection said .that, seyer.al, ca.ses.^pf J>eer were stacked in the ..car between-trip Profit. and back seat. Also he testified, that. jie, heard appellant say “does anybody ;hayé a , car that they can put this stuff in S’!*,
■'The other Car involved in the'‘ Collision-was described by Daniel as a 1940 Chevrolet. ■
Officers arrived at the scene pf,.tlje accident while Daniel was there. ; City, Police Officers Love, Davis, .Miller and Lieutenant . Burdett went to the, seen? in response to; .the - report that a wreck had occurred. - Officer., Love testified that he directed traffic near the scene, and was then dispatched' to “follow a car that was loadéd with liquor to the Rainbow Garage, to bé 'turhé'd over • to the Liquor Board”; and he - folldwed' it “right on the bumper- on'-to the’Ráinbów Garage.”
Asked to describe thé car he .wasdirected to' follow, Love téstified ' “ít1 waá á' ’.51 Chevrolet Power Glide', íáuj'license'hümbér was . BA 5399. I "don’t, remember' whether a four door or túdor.” , .. -
' Appellant-relies strongly upon ■ thei;w(>fd “tan”-in this testimony,-pointing out that-the' car which-appellant borrowed'knd in:'which 1 he was seated under the' steering wheel Was -- greeñ in color. • •• ; hnii.Ti.
Love identified the car as being a ’51 Chevrolet," and '’further 'testified’Thai1'he observed'in'the car"“a lárgé ¿jüaHtity1 of" beer and whisky” — “quite a few bottles had been, broken and we followed it to the Rainbow Garage and Officer Truly o,f the Liquor Board took possession of it and salvaged what he could.”
Officer Miller conversed with appellant at the scene óf the accident and áppellant told him that he was driving the ’51 Chevrolet involved in the collision. He further testified that he observed in the car which appellant said he was driving, “a quantity of álcóholic beverage”, and that he directed Officer Lóvé: to take charge'of the car until it was properly turned over to the State Liquor Control Board, and he knew that Love ■ did then take charge of it there at the scene.
John Truly, of The Texas Liquor Control Board assigned to the Lubbock District, testified that Officer Love turned over to him, and he took from a wrecked ’51 Chevrolet at' the Rainbow Garage,’ 168 twelve ounce, cans of Budweiser Beer, 168 twelve ounce cans