Legal Opinion

State v. Perry

Texas Supreme Court

Decided July 1, 1875PublishedCited by 2 opinions

Appeal from Gregg. Tried below before the Hon. Z. Horton. At the May Term, 1814, of the District Court of Gregg county the grand jury presented an indictment against W. F. Perry, charging that on April 15th, 1814, in said county said Perry “did then and there unlawfully sell and was concerned in selling a quantity of intoxicating liquors, to wit, one quart of whisky to one E. R. Davis without first having obtained a license therefor, and did then and there permit the same to…

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Appeal from Gregg. Tried below before the Hon. Z. Horton. At the May Term, 1814, of the District Court of Gregg county the grand jury presented an indictment against W. F. Perry, charging that on April 15th, 1814, in said county said Perry “did then and there unlawfully sell and was concerned in selling a quantity of intoxicating liquors, to wit, one quart of whisky to one E. R. Davis without first having obtained a license therefor, and did then and there permit the same to be drunk” where sold. Exceptions were sustained and the district attorney appealed.

1Opinion of the Court

Gould, Associate Justice.

The question presented in this case is, whether article 2076, Paschal’s Digest, making it a penal offense to sell intoxicating liquors in quantities of a quart or more, and permit the same to be drunk at the establishment where sold, is still in force.

In Smith v. The State, 35 Tex., 132, it was decided that this article was unrepealed and in full force.” In Manning v. The State, 36 Tex., 671, the court refer to the case of Smith v. The State, and again announce that this article is not repealed. These cases are conclusive of the question, unless the subsequent…

2Cases cited1 opinion

  1. State v. SmithTexas Supreme Court · 1872

3Cited by2 opinions

  1. Bessett v. StateCourt of Criminal Appeals of Texas · 1915
  2. Smith v. StateCourt of Appeals of Texas · 1879

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