Legal Opinion

Dillard v. State

Court of Criminal Appeals of Texas

Decided January 21, 1893No. 11PublishedCited by 11 opinions

Appeal from the County Court of Ellis. Tried below before Hon. B. McDaniel, County Judge. This is an appeal from a judgment of conviction, under an indictment charging a violation of the local option law in Justice Precinct No. 6, Ellis County, Texas.

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Appeal from the County Court of Ellis. Tried below before Hon. B. McDaniel, County Judge. This is an appeal from a judgment of conviction, under an indictment charging a violation of the local option law in Justice Precinct No. 6, Ellis County, Texas. The contention on appeal was, that the amendment of 1887 to the local option law, having left out or omitted the words, “ and medicated bitters producing intoxication,” which words were contained in the old law, or law amended by said act, showed that it was not the legislative intent to include medicated bitters thereafter in the prohibition,…

1Opinion of the Court

SIMKINS, Judge.

Appellant was indicted for a violation of the local option law in Justice Precinct No. 6 of Ellis County, convicted and fined in the sum of $25 and costs of court, from which judgment he appeals.

1. Appellant contends that the petition, though signed by fifty voters, did not pray for a local option election, and can not be a basis for the action of the County Commissioners Court. The petition states that there now exists in said precinct what purports to be local option, by reason of certain orders made by this court more than four years ago; that they are desirous of another…

2Cited by11 opinions

  1. Stephens v. StateCourt of Criminal Appeals of Texas · 1913
  2. Sweeney v. WebbCourt of Appeals of Texas · 1903
  3. Furrh v. StateCourt of Appeals of Texas · 1894
  4. Cantwell v. StateCourt of Criminal Appeals of Texas · 1905
  5. Booth v. StateCourt of Criminal Appeals of Texas · 1935

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