Gearheart v. State
Court of Criminal Appeals of Texas
The indictment, omitting formal averments, was as follows: That on the 1st day of November, A. D. 1916, in the County of Collin, State of Texas, and after the qualified voters of Collin County, Texas, had determined at an election held in accordance with the laws of said State that the sale of intoxicating liquors should be prohibited in such county, and after the Commissioners Court of said county had made and entered an order to that effect, and after said order had been…
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The indictment, omitting formal averments, was as follows: That on the 1st day of November, A. D. 1916, in the County of Collin, State of Texas, and after the qualified voters of Collin County, Texas, had determined at an election held in accordance with the laws of said State that the sale of intoxicating liquors should be prohibited in such county, and after the Commissioners Court of said county had made and entered an order to that effect, and after said order had been published by the county judge of said county as required by law, Dick Gearheart did then and there unlawfully engage in…
1Opinion of the Court
MORROW, Judge.
This was a prosecution under article 589, P. C., prohibiting the pursuit of the business or occupation of selling intoxicating liquors in territory where such sale is prohibited, by law.
At an election held in July, 1907, the sale of intoxicating liquors in Collin County was prohibited. No subsequent election has been held, and appellant contends that article 589, supra, which was passed in 1909 would not be operative in Collin County, insisting that this Act creating the offense of pursuing the occupation of selling intoxicating liquors in prohibited territory should be the…
2Cases cited11 opinions
- Lewis v. StateCourt of Criminal Appeals of Texas · 1910
- Lyle v. StateCourt of Criminal Appeals of Texas · 1917
- Mizell v. StateCourt of Criminal Appeals of Texas · 1910
- Ex Parte Milt DupreeTexas Supreme Court · 1907
- McElroy v. StateCourt of Criminal Appeals of Texas · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. GonzalezCourt of Criminal Appeals of Texas · 1993
- Wheatfall v. StateCourt of Criminal Appeals of Texas · 1994
- McGlothlin v. StateCourt of Criminal Appeals of Texas · 1995
- Gray v. StateCourt of Criminal Appeals of Texas · 1924
- Jurdi v. StateCourt of Appeals of Texas · 1998
13 more not listed; retrieve them via the Exa API.