Fahey v. State
Court of Appeals of Texas
Appeal from the Criminal District Court of Galveston. Tried below before the Hon. Gustave Cook. By indictment it-was charged that, in the county of Galveston, on January 18, 1887, the appellant unlawfully and wilfully did pursue and follow the occupation of selling spirituous, vinous and malt liquors in quantities less than one quart, and did then and there sell, spirituous, vinous and malt liquors to persons whose names are to the jurors unknown (the same being an act taxed…
Read the full summary
Appeal from the Criminal District Court of Galveston. Tried below before the Hon. Gustave Cook. By indictment it-was charged that, in the county of Galveston, on January 18, 1887, the appellant unlawfully and wilfully did pursue and follow the occupation of selling spirituous, vinous and malt liquors in quantities less than one quart, and did then and there sell, spirituous, vinous and malt liquors to persons whose names are to the jurors unknown (the same being an act taxed by law), without first having obtained a license therefor; and that the said Dave Fahey has not paid tax or obtained a…
1Opinion of the Court
Hurt, Judge.
This is a conviction for pursuing and following the occupation of selling spirituous, vinous and malt liquors, in quantities less than one quart, without first having obtained a license therefor, and without having paid the tax required by *158law. . This prosecution is based upon the acts of March 11, 1881, and April 4, 1881.
Appellant moved to quash the indictment upon several grounds:
1. Because the laws of March 11, 1881, and April 4, 1881, levying the occupation tax and providing for the issuance of a license, are unconstitutional and void in this, that said acts contain more than…
2Cases cited10 opinions
- State ex rel. Weir v. County JudgeSupreme Court of Iowa · 1855
- Tadlock v. EcclesTexas Supreme Court · 1858
- Stone v. BrownTexas Supreme Court · 1881
- Breen v. Texas & Pacific Railway Co.Texas Supreme Court · 1875
- Giddings v. City of San AntonioTexas Supreme Court · 1877
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Cook v. Marshall CountySupreme Court of Iowa · 1903
- State ex rel. Goodsill v. WoodmanseeNorth Dakota Supreme Court · 1890
- State v. Pioneer Oil & Refining Co.Texas Commission of Appeals · 1927
- Marlow v. StateCourt of Criminal Appeals of Texas · 1976
- Panitz v. Comptroller of the Treasury & State TreasurerCourt of Appeals of Maryland · 1967
14 more not listed; retrieve them via the Exa API.