Legal Opinion

Dixon v. State

Court of Appeals of Texas

Decided June 16, 1886No. 3597PublishedCited by 6 opinions

Appeal from the County Court of Ellis. Tried below before the Hon. O. E. Dunlap, County Judge. The conviction in this case was for a violation of the local option law, and the penalty assessed against the appellant was a fine of fifty dollars.

1Opinion of the Court

Willson, Judge.

A question as to the sufficiency of the indictment is presented in the record, which is not free from difficulty. The question is, is it essential, in an indictment for the offense of selling intoxicating liquor in violation of the “local option” law, to allege the name of the person to whom the liquor was sold, or, in case the name of such person was unknown to the grand jurors, to allege that fact? In Sedberry v. The State, 14 Texas Court of Appeals, 238, and in McMillan v. The State, 18 Texas Court of Appeals, 375, indictments which did. not contain any allegation as to the…

2Cases cited4 opinions

  1. Bush v. Republic of TexasTexas Supreme Court · 1846
  2. Alexander v. StateTexas Supreme Court · 1861
  3. Burch v. RepublicTexas Supreme Court · 1846
  4. Cochran v. StateTexas Supreme Court · 1863

3Cited by6 opinions

  1. State v. BurchardSouth Dakota Supreme Court · 1894
  2. State v. TownsendOregon Supreme Court · 1911
  3. McGee v. StateCourt of Criminal Appeals of Texas · 1928
  4. Baker v. StateCourt of Criminal Appeals of Texas · 1937
  5. Loftin v. StateCourt of Criminal Appeals of Texas · 1924

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