Manning v. State
Texas Supreme Court
Appeal from Rusk. Tried below before the Hon. J. B. Williamson. The indictment was returned into the District Court on the 30th of August, 1871. It charged the appellant with having sold spirituous liquors in less quantity than a quart, “ without first obtaining license therefor.” The case went to a jury on the defendant’s plea of not guilty, and he was convicted. His counsel moved in arrest of judgment, because the indictment charged no offense, etc.
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Appeal from Rusk. Tried below before the Hon. J. B. Williamson. The indictment was returned into the District Court on the 30th of August, 1871. It charged the appellant with having sold spirituous liquors in less quantity than a quart, “ without first obtaining license therefor.” The case went to a jury on the defendant’s plea of not guilty, and he was convicted. His counsel moved in arrest of judgment, because the indictment charged no offense, etc. The motion being overruled, the defendant appealed.
1Opinion of the CourtOgden, J.
The judgment in this case is founded upon an erroneous construction of the existing license law, and the penalty for a violation of the same; and we confess we have had no little difficulty in our endeavors to sift from the mass of crude and illy-digested statutes on the subject, what the law was when the alleged offense was committed or what it now is.
The act of 1856 in regard to obtaining a license for retailing spirituous and intoxicating liquors, and the penalty as prescribed by the Penal Code for the violation of that law, were amended by the statute of 1866; and that statute prescribed…
2Cited by1 opinion
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