Legal Opinion

Ricker v. State

Court of Criminal Appeals of Texas

Decided March 27, 1940No. 20943PublishedCited by 2 opinions

1Opinion of the Court

HAWKINS, Presiding Judge.

Conviction is for possessing beer for the purpose of sale in Brown County, alleged to be dry area; punishment being a fine of $100.00.

The appeal must be dismissed because of an insufficient recognizance. It recites that appellant was convicted of the “offense of possession of beer,” as shown in the complaint and information, and as more fully described in the judgment of conviction. Possession of beer is not an offense, and there is no recital in the recognizance that appellant was convicted of a misdemeanor as is required in the statute.

The same defect appears in…

2Cases cited2 opinions

  1. Clifton v. StateCourt of Criminal Appeals of Texas · 1898
  2. Rice v. StateCourt of Criminal Appeals of Texas · 1932

3Cited by2 opinions

  1. Gonzales v. StateCourt of Criminal Appeals of Texas · 1941
  2. Walker v. StateCourt of Criminal Appeals of Texas · 1944

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