Legal Opinion

Ellis v. State

Court of Criminal Appeals of Texas

Decided May 25, 1910No. 644PublishedCited by 3 opinions

Appeal from the County Court of Upshur. Tried below before the Hon. Albert Maberry. Appeal from a conviction of a violation of the local option law; penalty, a fine of $50 and thirty days confinement in the penitentiary. The opinion states the case.

1Opinion of the Court

DAVIDSON, Presiding Judge.

Appellant was convicted of violating the local option law, his punishment being assessed at a fine of $50 and thirty days imprisonment in the county jail.

Motion was made to quash the indictment because it charged appellant “did then and there unlawfully and wilfully sell, and give away to one Alvin Blassingame intoxicating liquor, with the purpose of evading the laws of said State.” It is contended that under this allegation appellant could be convicted of giving away the intoxicants in violation of said'law. The allegation with reference to giving away intoxicating…

2Cases cited1 opinion

  1. Jordan v. StateCourt of Criminal Appeals of Texas · 1897

3Cited by3 opinions

  1. Johnson v. StateCourt of Criminal Appeals of Texas · 1913
  2. Jackson v. StateCourt of Criminal Appeals of Texas · 1913
  3. Bowles v. StateCourt of Criminal Appeals of Texas · 1912

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