Legal Opinion

Mooneyham v. State

Court of Criminal Appeals of Texas

Decided December 22, 1915No. 3870PublishedCited by 1 opinion

Appeal from the County Court of Wichita. Tried below before tho Hon. Harvey Harris. Appeal from a conviction of vagrancy; penalty, a fine of $100. The opinion states the ease. Upon question of insufficiency of the information: Walton v. State, 12 Texas Crim. App., 117; Hunt v. State, 9 id., 404; Parker y. State, 9 id., 351; Edwards y. State, 71 Texas Crim. Bep., 405, 160 S. W. Bep., 80; De Los Santos y. State, 65 Texas Crim. Bep., 518, 146 S. W. Bep., 919.

1Opinion of the Court

PBENDEBGAST, PRESIDING Judge.

The information, based upon and following a proper complaint, after the necessary preliminary allegations, among other things, averred: That appellant on or about August 22, 1915, in Wichita County, Texas, was then and there a vagrant: towit, a person who unlawfully sold vinous, alcoholic, malt, intoxicating and spirituous liquors.

The statute (art. 634, P. C.) is: The following persons are, and shall be punished as vagrants, viz: (e) persons who unlawfully sell any vinous, alcoholic, malt, intoxicating or spirituous liquors. Said article of the Code enumerates a…

2Cases cited29 opinions

  1. Moore v. StateCourt of Criminal Appeals of Texas · 1897
  2. Willis v. StateCourt of Criminal Appeals of Texas · 1895
  3. Brown v. StateCourt of Criminal Appeals of Texas · 1898
  4. Phillips v. StateTexas Supreme Court · 1867
  5. Mathews v. StateCourt of Criminal Appeals of Texas · 1898

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3Cited by1 opinion

  1. Todd v. StateCourt of Criminal Appeals of Texas · 1921

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