Carver v. State
Court of Criminal Appeals of Texas
The opinion states the case. The indictment concluded “did then and there unlawfully sell to Ben Helton intoxicating liquor in violation of said law aforesaid, and which law aforesaid was then and there in full force and effect in said county, against the peace and dignity of the State.”
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The opinion states the case. The indictment concluded “did then and there unlawfully sell to Ben Helton intoxicating liquor in violation of said law aforesaid, and which law aforesaid was then and there in full force and effect in said county, against the peace and dignity of the State.” The defendant contended that the indictment did not charge that the offense was committed against the peace and dignity of the State, but did charge that the law was in full force and effect against the peace and dignity of the State.
1Opinion of the Court
HARPER, Judge.
— Appellant was prosecuted and convicted of mak ing a sale of intoxicating liquor in Hemphill County, prohibition being in force in said county.
It was admitted that prohibition was in force in Hemphill County, and the State’s witness Ben Helton testified that he was in the town of Canadian on the 5th day of last December, and in the morning went into appellant’s restaurant and purchased from appellant a drink of whisky and paid him for it; that later during the same day he purchased from appellant a bottle of whisky and paid him a dollar for it, and later in the evening he again…
2Cases cited4 opinions
- Bennett v. StateCourt of Criminal Appeals of Texas · 1898
- Mealer v. StateCourt of Criminal Appeals of Texas · 1911
- Perkins v. StateCourt of Criminal Appeals of Texas · 1912
- Batson v. StateCourt of Criminal Appeals of Texas · 1896
3Cited by1 opinion
- Gatlin v. StateCourt of Criminal Appeals of Texas · 1919