Burciago v. State
Court of Criminal Appeals of Texas
The indictment is as follows: “In the Name and by Authority of the State of Texas: The Grand Jurors in and for the County of Falls, State aforeseaid, duly organized as such at the May Term, A. D., 1920, of the District Court for said County, upon their oaths in said- court present that Tomas Burciago on or about the 12th day of April, one thousand Nine Hundred, and Twenty, and anterior to the presentment of this indictment, in the County of Falls and State of Texas, did then…
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The indictment is as follows: “In the Name and by Authority of the State of Texas: The Grand Jurors in and for the County of Falls, State aforeseaid, duly organized as such at the May Term, A. D., 1920, of the District Court for said County, upon their oaths in said- court present that Tomas Burciago on or about the 12th day of April, one thousand Nine Hundred, and Twenty, and anterior to the presentment of this indictment, in the County of Falls and State of Texas, did then and there unlawfully and not for medicinal, mechanical, scientific or sacramental purposes manufacture spirituous and…
1Opinion of the Court
HAWKINS, Judge.
Appellant was convicted for manufacturing spirituous liquor containing in excess of one per cent of alcohol, and his punishment fixed at one year in the penitentiary.
The indictment contains eight counts, and is a model of its kind, showing great care and patience in its preparation.
The indictment was attacked, not because of its form, but for charging offenses defined under what is known as the Dean law, Act Second Called Session, Thirty-sixth Legislature, p. 228,1919. Various grounds were urged why said law should be held inoperative. In Ex parte Gilmore, 88 Texas Crim. Rep.,…
2Cases cited1 opinion
- Ex Parte GilmoreCourt of Criminal Appeals of Texas · 1920
3Cited by11 opinions
- Mayo v. StateCourt of Criminal Appeals of Texas · 1922
- Mayo v. StateCourt of Criminal Appeals of Texas · 1922
- Edge v. StateCourt of Criminal Appeals of Texas · 1925
- Ellis v. StateCourt of Criminal Appeals of Texas · 1923
- Buckhannan v. StateCourt of Criminal Appeals of Texas · 1923
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