West v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Brown. Tried below before Hon. Charles Rogan, County Judge. Appeal from a conviction for giving a physician’s prescription in violation of local option; penalty, a fine of $25 and twenty days imprisonment in the county jail. The charging part of the information is set out. in the opinion. Defendant’s motion to quash was based upon the ground that the information charges no offense.
1Opinion of the Court
DAVIDSON, Presiding Judge.
Appellant was charged by information with giving a prescription in violation of the local option law. Omitting prior allegations, the information charges that appellant “did then and there unlawfully and willfully, as a regular practicing physician, give to one John Baugh a prescription for the purpose of enabling the applicant, the said John Baugh, to purchase intoxicating liquors, without personally examining the said John Baugh and finding him actually sick and in need of said intoxicating liquor and stimulant prescribed as a medicine, when in truth and in fact…
2Cited by3 opinions
- Goldman v. StateCourt of Criminal Appeals of Texas · 1942
- Allen v. StateCourt of Criminal Appeals of Texas · 1945
- Northern v. StateCourt of Criminal Appeals of Texas · 1947