Legal Opinion

Laury v. State

Court of Criminal Appeals of Texas

Decided May 8, 1974No. 48423Published

1Opinion of the Court

OPINION

ONION, Presiding Judge.

Appellant waived trial by jury and entered a plea of guilty before the court to the offense of unlawfully selling beer in a dry area as proscribed by Art. 666-4(b), Vernon’s Ann., of the Liquor Control Act. Punishment was assessed at thirty (30) days in jail.

Neither the complaint nor the information alleges the name of the purchaser of the beer. The content of the allegation is only that appellant “did then and there unlawfully sell an alcoholic beverage, to-wit: beer . . . . ” Under Arts. 21.12 and 21.23, Vernon’s Ann.C.C.P., in order “to charge an unlawful…

2Cases cited7 opinions

  1. King v. StateCourt of Criminal Appeals of Texas · 1956
  2. Barnett v. StateCourt of Criminal Appeals of Texas · 1951
  3. Keeton v. StateCourt of Criminal Appeals of Texas · 1954
  4. Keeton v. StateCourt of Criminal Appeals of Texas · 1954
  5. Treadgill v. StateCourt of Criminal Appeals of Texas · 1956

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