Day v. State
Court of Appeals of Texas
Appeal from the County Court of Tarrant. Tried below before the Hon. Sam. Furman, County Judge. The conviction in this case was for selling whisky on Sunday; a fine of twenty dollars being the penalty imposed. The motion for new trial raised the questions discussed in the opinion.
1Opinion of the Court
Hurt, Judge.
The information alleges, inter alias, that appellant “ did unlawfully, on Sunday, sell to certain persons to affiant unknown, certain drinks of whisky, said Day being then and there a liquor dealer.” Appellant moved to quash upon the ground that the information does not allege that defendant was a trader in a lawful business at the time of the commission of the offense, nor does it allege that he was, at the time of said sale, “ a retail liquor dealer. ” This motion was by the court overruled, and we have presented the question,—was the information sufficient?
Article 186 of the…
2Cited by4 opinions
- Humphries v. StateCourt of Criminal Appeals of Texas · 1956
- Simpson v. StateCourt of Appeals of Texas · 1986
- Humphries v. StateCourt of Criminal Appeals of Texas · 1956
- Young v. StateCourt of Criminal Appeals of Texas · 1931