Legal Opinion

McDonald v. State

Court of Criminal Appeals of Texas

Decided May 26, 1954No. 27012PublishedCited by 9 opinions

1Opinion of the Court

MORRISON, Judge.

The offense is the unlawful sale of flavoring extract for beverage purposes, knowing that the purchaser intended to use the same for beverage purposes, as denounced by Article 666-12, Section (11), V.A.P.C.; the punishment, a fine of $200.00.

We are met at the outset with a motion to quash the information because the same failed to charge a violation of the law.

Omitting the formal parts, the information reads as follows:

“. . . one W. H. McDonald did then and there unlawfully and knowingly sell to Delbert H. Person a flavoring extract, to-wit, vanilla extract, for beverage…

2Cases cited3 opinions

  1. Powdrill v. StateCourt of Criminal Appeals of Texas · 1954
  2. Byars v. StateCourt of Criminal Appeals of Texas · 1950
  3. Weltig v. StateCourt of Criminal Appeals of Texas · 1949

3Cited by9 opinions

  1. Coulter v. StateCourt of Criminal Appeals of Texas · 1973
  2. Elliott v. StateCourt of Criminal Appeals of Texas · 1970
  3. Ellard v. StateCourt of Criminal Appeals of Texas · 1974
  4. Gonzales v. StateCourt of Criminal Appeals of Texas · 1956
  5. Gonzales v. StateCourt of Criminal Appeals of Texas · 1956

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