State v. Heldt
Texas Supreme Court
Appeal from Cass. Tried below before the Hon. M. L. Crawford. The indictment in this case charged that M. Heldt, on December 1, 1872, “ did unlawfully, arid contrary to the special statute in such case made and provided, approved May 23, 1871, sell intoxicating and spirituous liquors to divers persons to the grand jurors unknown, within less than two miles of Douglassville College, in said county.”
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Appeal from Cass. Tried below before the Hon. M. L. Crawford. The indictment in this case charged that M. Heldt, on December 1, 1872, “ did unlawfully, arid contrary to the special statute in such case made and provided, approved May 23, 1871, sell intoxicating and spirituous liquors to divers persons to the grand jurors unknown, within less than two miles of Douglassville College, in said county.” The defendant excepted to the indictment, because it did not state to whom the liquor was sold, nor the house where sold, and for the further reason that there is no such place as Douglassville…
1Opinion of the Court
Moore, Associate Justice.
The exceptions to the indictment are not well taken. The offense for which appellee is indicted is charged substantially in the words of the statute. It was unnecessary to designate the house or the place where the liquor was sold with more exactness and particularity than is done in the indictment. ÍTor was it absolutely essential to give the name of the person to whom the liquor was sold. If, as alleged in the motion to quash, there was no such place as Douglassville College at the date of the alleged violation of the law under which the indictment was found, by…
2Cited by6 opinions
- Fletcher v. StateCourt of Criminal Appeals of Oklahoma · 1909
- State v. SchweiterSupreme Court of Kansas · 1882
- State v. BodeckarWashington Supreme Court · 1895
- State v. KoernerWashington Supreme Court · 1918
- State v. LarsonWashington Supreme Court · 1934
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