Jones v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Wichita. Tried below before Hon. W. P. Skeen, County Judge. Appellant was prosecuted by information, jointly with one McPherson, for keeping open a saloon or bar room on the 27th day of December, 1892, a day upon which a special election was being held.
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Appeal from the County Court of Wichita. Tried below before Hon. W. P. Skeen, County Judge. Appellant was prosecuted by information, jointly with one McPherson, for keeping open a saloon or bar room on the 27th day of December, 1892, a day upon which a special election was being held. At the trial McPherson was acquitted, and defendant convicted, his punishment being affixed at a pecuniary fine of Si 00. The evidence shows that the saloon was opened at about 6 o’clock p. m., on the evening of the election. It was proved for the defense by Davis, the city marshal, that the mayor of the city…
1Opinion of the Court
DAVIDSON, Judge.
The information charges appellant with having opened and kept open his saloon in the city of Wichita Falls on a certain day in which an election was held in said city. The information correctly charged the offense under the first clause of article 178 of the Penal Code.
The saloon was opened at 9 o’clock at night of the day on which the election was held. Defendant sought to justify on the ground that an officer informed him “that it would be no violation to open the saloon within the corporate limits after the election had closed.” This did not constitute a mistake of fact.…
2Cited by9 opinions
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- Dallas County v. ReynoldsCourt of Appeals of Texas · 1917
- Hickman v. StateCourt of Criminal Appeals of Texas · 1911
- Morris v. StateCourt of Criminal Appeals of Texas · 1912
- Ronald Edward Jackson v. State, Texas Court of Appeals, 7th District (Amarillo)2009
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