Legal Opinion

Lucio v. State

Court of Criminal Appeals of Texas

Decided December 21, 1895No. 1155PublishedCited by 15 opinions

This is an appeal from a conviction for selling spirituous liquors without having obtained a license, the punishment assessed being a fine of $450. No general statement necessary.

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This is an appeal from a conviction for selling spirituous liquors without having obtained a license, the punishment assessed being a fine of $450. No general statement necessary. Defendant’s first bill of exceptions was as follows: Be it remembered, that on the trial of the above cause, the court charged the jury as follows: “If you believe from the evidence that defendant did engage in the sale of, and did pursue and follow, the occupation of selling spirituous, or vinous, or malt liquors, then the burden of proof is upon the defendant to show that he had first obtained a license to do so,…

1Opinion of the Court

HURT, Presiding Judge.

Appellant was convicted of selling spirituous liquors in quantities of less than one gallon without first obtaining a license therefor, and without having paid the State and county tax for pursuing said occupation, and his punishment assessed at a fine of §450. With reference to the objection urged by apjiellant to the testimony offered by the State of an examined copy from the books of the Collector of Internal Revenue, which was introduced in connection with the testimony of the witness, J. E. Kauffman, we believe that the same was admissible, and refer to the case of…

2Cited by15 opinions

  1. Giles v. StateCourt of Criminal Appeals of Texas · 1912
  2. Tro v. StateCourt of Criminal Appeals of Texas · 1925
  3. Wilson v. StateCourt of Criminal Appeals of Texas · 1916
  4. Milam v. StateCourt of Criminal Appeals of Texas · 1912
  5. Brogdon v. StateCourt of Criminal Appeals of Texas · 1911

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