Legal Opinion

Gorman v. State

Court of Criminal Appeals of Texas

Decided December 18, 1907No. 3706PublishedCited by 14 opinions

The indictment, leaving out the formal portion, alleged that defendant “ * * * after the commissioners court of said county had ordered an election for the purpose of determining whether or not the sale of intoxicating liquor should be prohibited in said county, which order of said election had been duly posted as required by law, and after the qualified voters of Upshur County, Texas, had determined at an election held in accordance with the laws of the State of Texas that…

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The indictment, leaving out the formal portion, alleged that defendant “ * * * after the commissioners court of said county had ordered an election for the purpose of determining whether or not the sale of intoxicating liquor should be prohibited in said county, which order of said election had been duly posted as required by law, and after the qualified voters of Upshur County, Texas, had determined at an election held in accordance with the laws of the State of Texas that the sale of intoxicating liquors should be prohibited in said county, and after the commissioners court of said county…

1Opinion of the Court

DAVIDSON, Presiding Judge.

Appellant was convicted of selling whisky in a “Blind Tiger,” alleged to have been conducted by himself. It is contended that the entry on the minutes of the court of a certificate of the county judge was not in fact entered by said judge but by the county clerk and that the law required that it should be the personal act of the county judge and could not be performed by another. Article 3391, Revised Civil Statutes, uses this language: “The fact of publication in either mode shall be entered by the county judge on the minutes of the commissioners court. And entry…

2Cases cited2 opinions

  1. Roach v. StateCourt of Criminal Appeals of Texas · 1905
  2. Uloth v. StateCourt of Criminal Appeals of Texas · 1905

3Cited by14 opinions

  1. Columbo v. StateCourt of Criminal Appeals of Texas · 1912
  2. People v. JohnsonCalifornia Court of Appeal · 1923
  3. Nobles v. StateCourt of Criminal Appeals of Texas · 1913
  4. Shacklett v. StateIndiana Supreme Court · 1924
  5. Thomas v. StateCourt of Criminal Appeals of Texas · 1926

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