Legal Opinion

Snearley v. State

Court of Criminal Appeals of Texas

Decided May 5, 1899No. 1691PublishedCited by 11 opinions

Bearing upon these questions, it was agreed upon that prohibition was in effect in Clay County, Texas; that the election was held on the 3d day of August, 1897; that the order declaring the result of the election was passed by the Commissioners Court the 18th day of August, 1897. That defendant since November 1, 1897, and up to the date of the filing had been engaged in the sale of intoxicating liquors, but no evidence was introduced showing such a sale on prescription.

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Bearing upon these questions, it was agreed upon that prohibition was in effect in Clay County, Texas; that the election was held on the 3d day of August, 1897; that the order declaring the result of the election was passed by the Commissioners Court the 18th day of August, 1897. That defendant since November 1, 1897, and up to the date of the filing had been engaged in the sale of intoxicating liquors, but no evidence was introduced showing such a sale on prescription. It was proven the occupation tax was levied by the Commissioners Court. That defendant had posted in his place of business…

1Opinion of the Court

Appellant was convicted in the County Court of Clay County for selling intoxicating liquors in a local option district without first having paid an occupation tax as required by law.

Appellant, in his first assignment of errors, urges that the indictment does not charge any offense against the laws of this State. The indictment is as follows: "That Norman Snearly, on or about the 17th day of March, 1898, and anterior to the presentment of the indictment, in the county of Clay and State of Texas, after an election had been held in said county by the qualified voters thereof, in accordance with…

2Cases cited4 opinions

  1. United States v. ClaflinSupreme Court of the United States · 1878
  2. Stockwell v. United StatesSupreme Court of the United States · 1871
  3. Coghill v. StateIndiana Supreme Court · 1871
  4. Stone v. HillTexas Supreme Court · 1889

3Cited by11 opinions

  1. Ex Parte McKayCourt of Criminal Appeals of Texas · 1917
  2. Lewis v. StateCourt of Criminal Appeals of Texas · 1910
  3. Slack v. StateCourt of Criminal Appeals of Texas · 1911
  4. State of Texas v. Texas Brewing Co.Texas Supreme Court · 1913
  5. Edmanson v. StateCourt of Criminal Appeals of Texas · 1911

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