Fleeks v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Lamar. Tried below before Hon. John W. Love. Appeal from a conviction of selling liquor on election day; penalty, a fine of $100. The testimony for the State showed conclusively that defendant had sold whisky on election day, during an election for alderman in the City of Paris, Texas; while the defense controverted this testimony about a sale of whisky or intoxicating liquor.' Defendant testified that he never saw the State’s witness who…
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Appeal from the County Court of Lamar. Tried below before Hon. John W. Love. Appeal from a conviction of selling liquor on election day; penalty, a fine of $100. The testimony for the State showed conclusively that defendant had sold whisky on election day, during an election for alderman in the City of Paris, Texas; while the defense controverted this testimony about a sale of whisky or intoxicating liquor.' Defendant testified that he never saw the State’s witness who claimed to have got the liquor from him; that he had cleaned up Sam Smith’s saloon for about three years; had no key to the…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of a sale of liquor on election day, and his punishment assessed at a fine of $100; hence this appeal.
Motion was made to quash the information on various grounds. Exception was taken to the charge of the court, involving in some respects the same grounds complained of in the motion to quash, and on the refusal of the court to give certain requested instructions on the same subject. In the view we take of the case, the information should have been quashed, because it fails to state any offense against the laws of this State. The charging part of the…
2Cases cited1 opinion
- State v. SmithTexas Supreme Court · 1876
3Cited by9 opinions
- Thweatt v. StateCourt of Criminal Appeals of Texas · 1906
- Sproulen v. StateCourt of Criminal Appeals of Texas · 1924
- Ash v. StateCourt of Criminal Appeals of Texas · 1938
- Austin v. StateCourt of Criminal Appeals of Texas · 1911
- Bell v. StateCourt of Criminal Appeals of Texas · 1911
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