Legal Opinion

Wade v. State

Court of Criminal Appeals of Texas

Decided February 7, 1923No. 7406Published

The opinion states the case.

1Opinion

ON REHEARING.

March 7, 1923.

MORROW, Presiding Judge.

The indictment charged that the offense took place “on or about the first day of September, 1921.” It also charged that appellant’s possession of the intoxicating liquor was for the purpose of sale and not for medicinal, mechanical, sacramental or scientific purposes.

In his motion for rehearing appellant insists that the indictment was bad because it does not charge possession for the purpose of sale and because it uses the words “on or about.” The criticism is unsound.- The negative averments are contained in the indictment, -and the use of…

2Cases cited2 opinions

  1. Smith v. StateCourt of Criminal Appeals of Texas · 1921
  2. Morris v. StateCourt of Criminal Appeals of Texas · 1904

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