Cochran v. State
Texas Supreme Court
Appeal from Fayette. Tried below before the Hon. George W. Smith. E. S. Cochran, the appellant, was indicted for selling spirituous liquors in less quantities than a quart, without first having obtained a license therefor.
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Appeal from Fayette. Tried below before the Hon. George W. Smith. E. S. Cochran, the appellant, was indicted for selling spirituous liquors in less quantities than a quart, without first having obtained a license therefor. The indictment charged that the defendant “on the fifteenth day of May, in the year of our Lord one thousand eight hundred and fifty-nine, with force and arms, in the county aforesaid, did sell spirituous liquors in less quantities than one quart, without then and there having a license so to do.” The defendant moved to quash the indictment because it did not show the kind…
1Opinion of the CourtMooee, J.
The exceptions to the indictment were properly-overruled. The only one of them which seems entitled to notice,, or upon which counsel have insisted in this court, is that which alleges a want of sufficient certainty in the indictment, because it does not allege the character of the liquor sold, to whom it was sold, nor the place where it was sold. The principle involved in this exception, has been fully settled by former decisions of this court. The case of Prior v. The State, 4 Tex., 383, decides that it is not necessary, in an indictment for playing cards in a house for retailing spirituous…
2Cited by4 opinions
- Phillips v. StateTexas Supreme Court · 1867
- Dixon v. StateCourt of Appeals of Texas · 1886
- State v. ElmoreTexas Supreme Court · 1875
- Williams v. StateCourt of Appeals of Texas · 1877