Legal Opinion

Stanley v. State

Court of Criminal Appeals of Texas

Decided February 11, 1942No. 21899PublishedCited by 4 opinions

The opinion states the case.

1Opinion of the Court

DAVIDSON, Judge.

The offense is possession of "whiskey in a container to which no stamp was affixed showing the payment of the tax due the State; the punishment, a fine of $100.00.

The jurat affixed to the complaint and affidavit of H. B. Stanley, upon which the information was based, is as follows:

“Sworn to and subscribed by H. B. Stanley, a credible per son, before me, on this the 21st day of August, A. D. One Thousand Nine Hundred and Forty-one.
“Joe Gordon, Gray County, Texas.”

Such jurat is insufficient in that it does not show that the complaint was sworn to before an officer authorized to…

2Cases cited4 opinions

  1. Stacy v. StateCourt of Criminal Appeals of Texas · 1924
  2. Shurbet v. StateCourt of Criminal Appeals of Texas · 1933
  3. Barrington v. StateCourt of Criminal Appeals of Texas · 1930
  4. Sullivan v. StateCourt of Criminal Appeals of Texas · 1934

3Cited by4 opinions

  1. Vasquez v. StateCourt of Criminal Appeals of Texas · 1958
  2. Byrom v. StateCourt of Criminal Appeals of Texas · 1953
  3. Byrom v. StateCourt of Criminal Appeals of Texas · 1953
  4. Neely v. StateCourt of Criminal Appeals of Texas · 1942

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API