Pitner v. State
Court of Criminal Appeals of Texas
Appeal from County Court of Shackelford. Tried below before Hon. J. A. Mathews, County Judge. Appeal from a conviction for violation of local option; penalty, a fine of §25 and 20 days’ imprisonment in the county jail. Defendant filed exceptions to the sufficiency of the indictment, and also filed a motion in arrest of judgment upon the same ground. These motions were overruled.
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Appeal from County Court of Shackelford. Tried below before Hon. J. A. Mathews, County Judge. Appeal from a conviction for violation of local option; penalty, a fine of §25 and 20 days’ imprisonment in the county jail. Defendant filed exceptions to the sufficiency of the indictment, and also filed a motion in arrest of judgment upon the same ground. These motions were overruled. The indictment contained two counts for a violation of local option, in “a subdivision,” the first charging a saie of intoxicating liquors within the alleged prohibited district, and, the second, charging exchange and…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of violating the local option law in a subdivision of said county, and his punishment assessed at a fine of $25 and twenty days’ imprisonment in the county jail; hence this appeal. While the court ought to have quashed the second count in the indictment, yet the failure to do so was not error. The first count was good as charging a sale, and the conviction will be re ferred to that count. Appellant also excepted to the indictment because it alleged a violation of the local option law in a subdivision; and he insists that no punishment is affixed to the…
2Cases cited1 opinion
- Ex Parte SegarsCourt of Criminal Appeals of Texas · 1894
3Cited by16 opinions
- Parroccini v. StateCourt of Criminal Appeals of Texas · 1921
- State v. CesarMontana Supreme Court · 1925
- Efird v. StateCourt of Criminal Appeals of Texas · 1903
- Nobles v. StateCourt of Criminal Appeals of Texas · 1913
- Holland v. StateCourt of Criminal Appeals of Texas · 1907
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