Burch v. Republic
Texas Supreme Court
Case Reserved and Certified from Bastrop County. The appellant was indicted at the fall term, 1845, of Bastrop district court for vending spirituous liquors in a quantity of a quart and over without license first had and obtained.
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Case Reserved and Certified from Bastrop County. The appellant was indicted at the fall term, 1845, of Bastrop district court for vending spirituous liquors in a quantity of a quart and over without license first had and obtained. There was a general demurrer to the indictment which was overruled and judgment entered against the defendant for $50 fine, but the judge conceiving that questions of law, novel and difficult, were presented in the case, had the same certified to the appellate court for revision. The indictment is too general in its character, not alleging how or to whom the sale…
1Opinion of the Court
"Wheeleb, J.
Burch was indicted under the statute for a violation of the law requiring the payment of license tax. 9 Stat. 95, 96,107.
The offense is charged in the indictment in these words: “That Nelson Burch, of the county of Bastrop, in the county aforesaid, a retailer of merchandise, who vends spirituous liquors in quantities of a quart and over, did, on the first day of September in the year of our Lord, one thousand eight hundred and forty-five, in the county afore*(427)said, vend spirituous liquors in a quantity of a quart and over without license first had and obtained.”
There was a…
2Cited by11 opinions
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- Johns v. StateIndiana Supreme Court · 1902
- Alexander v. StateTexas Supreme Court · 1861
- Middleton v. StateCourt of Criminal Appeals of Texas · 1930
- Dixon v. StateCourt of Appeals of Texas · 1886
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