Legal Opinion

Loller v. State

Court of Criminal Appeals of Texas

Decided February 25, 1942No. 21955PublishedCited by 2 opinions

The opinion states the case.

1Opinion of the Court

DAVIDSON, Judge.

The unlawful sale of whiskey in a dry area is the offense; the punishment, a fine of $100.00:

The commencement of the complaint upon which the information was based reads as follows:

“IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS:
“Before me, the undersigned authority, in and for Runnels County ,Texas, on this day personally appeared A. P. Mercer who after being by me first duly sworn, says upon his oath, that he has reason to believe, and does believe and charge, that J. H. Loller * * *”

It is claimed that such complaint is fatally defective in failing to use the word…

2Cases cited1 opinion

  1. Smith v. StateCourt of Criminal Appeals of Texas · 1926

3Cited by2 opinions

  1. Wilkes v. StateCourt of Criminal Appeals of Texas · 1951
  2. Lee, Tommie Gene v. State, Texas Court of Appeals, 14th District (Houston)2005

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