Legal Opinion

Sullivan v. State

Court of Criminal Appeals of Texas

Decided June 8, 1921No. 6284PublishedCited by 7 opinions

Appeal from the District Court of Grayson, Tried below before the Honorable Silas Hare. Appeal from a conviction of unlawful possession of intoxicating liquors; penalty, one year imprisonment in the penitentiary. The opinion states the case. On question of insufficiency of indictment: Hardin v. State, 211 S. W. Rep., 233; Salter v. State, 44 Texas Crim. Rep., 591. On question of absence'of defendant: Bell v. State, 32 Texas Crim.

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Appeal from the District Court of Grayson, Tried below before the Honorable Silas Hare. Appeal from a conviction of unlawful possession of intoxicating liquors; penalty, one year imprisonment in the penitentiary. The opinion states the case. On question of insufficiency of indictment: Hardin v. State, 211 S. W. Rep., 233; Salter v. State, 44 Texas Crim. Rep., 591. On question of absence'of defendant: Bell v. State, 32 Texas Crim. Rep., 436; Derden v. State, 56 id., 396; Hill v. State, 54 id., 646. Cited cases in opinion.

1Opinion of the Court

LATTIMORE, Judge.

Appellant was convicted of having in his possession intoxicating liquor, not for medicinal, scientific, sacramental or mechanical purposes, and his punishment fixed at confinement in the penitentiary for one year.

We do not think it necessary that in the indictment, the liquor which appellant was charged with possessing should have been further described as being such as required a Federal tax as a beverage. The statement in Section 4 of what is known as the Dean law, Acts Second Called Session, Thirty-sixth Legislature, Chap. 78, that the liquor described in Sections 1 and 2…

2Cases cited1 opinion

  1. Cason v. StateCourt of Criminal Appeals of Texas · 1907

3Cited by7 opinions

  1. Ballou v. StateCourt of Criminal Appeals of Texas · 1929
  2. White v. StateCourt of Criminal Appeals of Texas · 1946
  3. Schafer v. StateCourt of Criminal Appeals of Texas · 1931
  4. Boatright v. StateCourt of Criminal Appeals of Texas · 1931
  5. Commonwealth v. NwachukwuMassachusetts Appeals Court · 2005

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