Alexander v. State
Texas Supreme Court
Appeal from Fayette. The case was tried before Hon. George W. Smith, one of the district judges. The indictment charged that S. Alexander, &c., &c., “ did sell spirituous liquors in less quantities than one quart, without then and there having a license to do so.” The defendant moved to quash the indictment, which motion was overruled, and the defendant was convicted and appealed.
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Appeal from Fayette. The case was tried before Hon. George W. Smith, one of the district judges. The indictment charged that S. Alexander, &c., &c., “ did sell spirituous liquors in less quantities than one quart, without then and there having a license to do so.” The defendant moved to quash the indictment, which motion was overruled, and the defendant was convicted and appealed. As the case turned upon the sufficiency of the indictment, it is useless to further notice the record.
1Opinion of the CourtBell, J.
The exception to the indictment, because it does not allege to whom the liquor was sold,.ought to have been sustained by the court below. One of the requisites of an indictment is, that “the offense must be set forth in' plain and intelligible words.” This does not mean merely that the indictment must allege that the party accused has done some act which is an offense against the laws, nor does it mean that it is enough to say in an indictment that the accused committed a murder, or an assault, or stole a horse, or the like. There must be some particularity, or what the law calls certainty,…
2Cases cited2 opinions
- Burch v. RepublicTexas Supreme Court · 1846
- State v. HansonTexas Supreme Court · 1859
3Cited by14 opinions
- Fletcher v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Fehringer v. PeopleSupreme Court of Colorado · 1915
- Dixon v. StateCourt of Appeals of Texas · 1886
- Barnett v. StateCourt of Criminal Appeals of Texas · 1951
- Huntsman v. StateCourt of Appeals of Texas · 1882
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