Rippey v. Texas
Supreme Court of the United States
ERROR TO THE COURT OE CRIMINAL APPEALS OF THE STATE OF TEXAS. The facts are stated in the opinion of the court. Í.. Under the constitution of the State of Texas, relating to the question of local option, the legislature of said State is deprived of all power to prohibit the sale of intoxicants in any locality, but such power is vested exclusively in the voting citizenship of each particular locality, town, city, justice precinct, county, or some subdivision thereof, to…
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ERROR TO THE COURT OE CRIMINAL APPEALS OF THE STATE OF TEXAS. The facts are stated in the opinion of the court. Í.. Under the constitution of the State of Texas, relating to the question of local option, the legislature of said State is deprived of all power to prohibit the sale of intoxicants in any locality, but such power is vested exclusively in the voting citizenship of each particular locality, town, city, justice precinct, county, or some subdivision thereof, to determine, by a majority vote at an election called for that purpose, whether or not the sale of intoxicants, except for…
1Opinion of the CourtJustice Holmes
The plaintiff in error was convicted of selling intoxicating liquors contrary to vote of his precinct prohibiting such sale. This vote was -in pursuance of a statute which the plaintiff in error alleges to be contrary to the Fourteenth Amendment of the Constitution of the United States. The question was raised at the outset by a motion to quash, which was overruled subject to exception, the exception was overruled on appeal, and the case was brought here by writ of error.
The Constitution of Texas, art. 16, sec. 20, required the legislature to enact a law by which the majority of qualified…
2Cases cited2 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Missouri v. DockerySupreme Court of the United States · 1903
3Cited by51 opinions
- Salsburg v. MarylandSupreme Court of the United States · 1954
- Ziffrin, Inc. v. ReevesSupreme Court of the United States · 1939
- Iowa-Des Moines National Bank v. BennettSupreme Court of the United States · 1932
- Chicago Title & Trust Co. v. Forty-One Thirty-Six Wilcox Bldg. Corp.Supreme Court of the United States · 1937
- In Re SawyerSupreme Court of the United States · 1959
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