Legal Opinion

French v. State

Court of Criminal Appeals of Texas

Decided October 17, 1900No. 2021PublishedCited by 5 opinions

Appeal from the District Court of Mills. Tried below before Hon. John M. Furman. Appeal from a conviction, for failing to pay the occupation tax as a peddler; penalty, a fine of $10. The opinion states the case.

1Opinion of the Court

HENDERSON, Judge.

Appellant was convicted under the law authorizing an occupation tax of peddlers with two horses, and his pun ishment assessed at a fine of $10.' Appellant presents several assignments, but it is only necessary to consider one, to wit, that the proof showed that, as a peddler, he was engaged in the sale of property which was protected by the Constitution of the United States as interstate commerce, and that the State had no authority to require him to pay a tax. The proof shows that defendant was the agent of the Estey Organ Company, of St. Louis, Mo., and his method of…

2Cases cited4 opinions

  1. Leisy v. HardinSupreme Court of the United States · 1890
  2. Welton v. MissouriSupreme Court of the United States · 1876
  3. Asher v. TexasSupreme Court of the United States · 1888
  4. State v. RichardsWest Virginia Supreme Court · 1889

3Cited by5 opinions

  1. Loudonville Milling Co. v. DavisSupreme Court of Alabama · 1948
  2. Lee v. Intendant & Town Council of LaFayetteSupreme Court of Alabama · 1907
  3. Saulsbury v. StateCourt of Criminal Appeals of Texas · 1901
  4. Auto Trading Co. v. WilliamsSupreme Court of Oklahoma · 1916
  5. State v. SbragiaWisconsin Supreme Court · 1909

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