Mosely v. State
Court of Appeals of Texas
Appeal from the County Court of Bosque. Tried below before the Hon. B. Q-. Childress, County Judge. The case is stated in the opinion. A fine of $20 was the penalty imposed on the appellant for selling merchandise, to wit, a drink of whisky, on Sunday, to the State’s witness Leroy Farabee; “ against the peace and dignity of the State.” Appellant was proprietor of a saloon.
1Opinion of the Court
Willson, Judge.
This conviction was had under an indictment which charges that Sam Mosely, in the county of Bosque, “ on the 24th day of August, A. D. 1884, did then and there sell merchandise on Sunday, the said Mosely being then and there a trader in a lawful business.” Defendant excepted to the sufficiency of the indictment, which exceptions were overruled.
One of the exceptions overruled was that the indictment does not negative the provisos in the statute, which except from its opera*312tian sales of provisions made before 9 o’clock, A. M., and the sale of burial or shrouding material. It is…
2Cases cited7 opinions
- United States v. CookSupreme Court of the United States · 1872
- State v. DukeTexas Supreme Court · 1874
- Lewellen v. StateTexas Supreme Court · 1857
- Estes v. StateTexas Supreme Court · 1853
- Alexander v. StateTexas Supreme Court · 1861
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Baumgart, Eric L.Court of Appeals of Texas · 2016