Cunningham v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Erath. Tried below before the Hon. M. J. Thompson. Appeal from a conviction of selling malt liquors without license; penalty, twenty days confinement in the county jail.
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Appeal from the County Court of Erath. Tried below before the Hon. M. J. Thompson. Appeal from a conviction of selling malt liquors without license; penalty, twenty days confinement in the county jail. Leaving out formal averments, the indictment charged: “* * * did then and there unlawfully sell to U intoxicating liquors, after an election had been held in said county by the qualified voters thereof, in accordance with the law under the authority of and order of the commissioners court of said county theretofore duly made and published, to determine whether or not the- sale of intoxicating…
1Opinion of the Court
RAMSEY, Judge.
In this case the defendant was charged by indictment, which contained two counts, with selling intoxicating liquors in Erath County, in violation of the local option law and with selling malt liquors capable of producing intoxication, without first having obtained license for the purpose of selling such liquors. He was convicted on the second count, and the case is brought before this court and complaint is made of such conviction.
There are many questions made as grounds to set aside such conviction, but they all revolve around one or two propositions. First, that the…
2Cited by3 opinions
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- Keith v. StateCourt of Criminal Appeals of Texas · 1910
- Fitch v. StateCourt of Criminal Appeals of Texas · 1910