Legal Opinion

Love v. State

Court of Criminal Appeals of Texas

Decided January 21, 1893No. 27PublishedCited by 9 opinions

Appeal from the County Court of Ellis. Tried below before Hon. B. McDaniel, County Judge. Appellant was prosecuted in the lower court, by information, for unlawfully pursuing and following the occupation of a travelling vender of medicine, without first having obtained a license therefor.

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Appeal from the County Court of Ellis. Tried below before Hon. B. McDaniel, County Judge. Appellant was prosecuted in the lower court, by information, for unlawfully pursuing and following the occupation of a travelling vender of medicine, without first having obtained a license therefor. At his trial he was convicted of said offense, his punishment being assessed at $262.50. The occupation tax law, approved April 6, 1889, provides, among other matters, that there shall be levied and collected an occupation tax “ from every travelling person selling patent or other medicine $175, and no…

1Opinion of the Court

SIMKINS, Judge.

Appellant was convicted of pursuing the occupation of vending medicine without license, and fined in the sum of $262.50, from which he appealed to this court.

Conceding the sufficiency of the indictment and the correctness of the charge of the court, we do not think the evidence sufficient to support the charge. Appellant, as shown by the testimony, has been a colored Methodist preacher for thirty-four years, and for the past year or two was travelling with the Colored Methodist Conference as missionary in North Texas. While in the discharge of these clerical duties, for the…

2Cited by9 opinions

  1. Farmers Automobile Inter-Insurance Exchange v. CalkinsCalifornia Court of Appeal · 1940
  2. State v. Country ClubCourt of Appeals of Texas · 1914
  3. Barnes v. StateCourt of Criminal Appeals of Texas · 1916
  4. Robbins v. StateCourt of Criminal Appeals of Texas · 1909
  5. Tindell v. RobbinsTennessee Supreme Court · 1916

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