Slack v. State
Court of Criminal Appeals of Texas
The following statement from appellant’s brief is substantially correct. The evidence disclosed that on June 5, 1909, the local option election was held in Comanche County, Texas, which resulted in the adoption of the local option law.
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The following statement from appellant’s brief is substantially correct. The evidence disclosed that on June 5, 1909, the local option election was held in Comanche County, Texas, which resulted in the adoption of the local option law. The order of the Commissioner’s Court, declaring the result, of this election, was published in the "Pioneer Exponent” on the 17th and 24th days of June, and the 1st and 8th days of July, 1909. The State showed that the defendant had not paid an occupation tax for selling liquors in Comanche County. E. Smith testified that during the months of November and…
1Dissent
I have been unable to agree with my brethren in the affirmance of this case. The final disposition of the appeal has centered itself in the main question of the sufficiency of the indictment. My brethren have written much and cited many cases and quoted from many authorities to sustain the proposition that it is not necessary to negative the exemptions or exceptions in the enacting clause setting out the definitions of the offense. I might readily agree with them that it is immaterial in what part of the Act of the Legislature the ingredients or elements of the offense may be found. Wherever…
2Cases cited19 opinions
- United States v. CarllSupreme Court of the United States · 1882
- United States v. HessSupreme Court of the United States · 1888
- Evans v. United StatesSupreme Court of the United States · 1894
- Keck v. United StatesSupreme Court of the United States · 1899
- State v. DukeTexas Supreme Court · 1874
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