Legal Opinion · Dissent

Ex Parte Cassens

Court of Criminal Appeals of Texas

Decided December 8, 1909No. 262Published

From Williamson County. Original application of habeas corpus asking release from a commitment on a capias pro fine from the County Court to enforce a fine of $25 assessed, against him in the County Court for selling intoxicating liquors to a minor.

1DissentDavidson, Presiding Judge

I respectfully enter my dissent from the conclusion reached by the majority. The agreed statement of facts shows that local option was and had béen in effect for several months at the time the applicant was convicted in the County Court. That said conviction was for selling intoxicants to a minor; that it was done in applicant’s saloon, and that the minor paid for the beer in the saloon at the time of the purchase. There is no question raised and no facts suggested that applicant, gave to the minor any intoxicants, but the facts show, as agreed to, that it was a sale and not a gift. These…

2Cases cited4 opinions

  1. Ex Parte ReynoldsCourt of Criminal Appeals of Texas · 1896
  2. Ex Parte Parker v. StateCourt of Criminal Appeals of Texas · 1895
  3. Kenyon v. StateCourt of Criminal Appeals of Texas · 1892
  4. Atkinson v. StateCourt of Criminal Appeals of Texas · 1904

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