Merriweather v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Hill. Tried below before Hon, L. C. Hill. Appeal from a conviction of a violation of the local option law; penalty, a fine of $25 and twenty days confinement in the county jail. The following is the order for the whisky: “August 17th, 1904. The Mew Bank Saloon, • E. P. Gates, proprietor, Waco, Texas.
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Appeal from the County Court of Hill. Tried below before Hon, L. C. Hill. Appeal from a conviction of a violation of the local option law; penalty, a fine of $25 and twenty days confinement in the county jail. The following is the order for the whisky: “August 17th, 1904. The Mew Bank Saloon, • E. P. Gates, proprietor, Waco, Texas. Ship to Dan Allison, Town Hillsboro, State of Texas, When Ship, tomorrow, ■via, Salesman, R. S. Merriweather, All orders subject to approval of consignors. It is agreed that in case the goods as set forth below are not taken or accepted, that said purchaser will in…
1Opinion of the Court
DAVIDSON, Presiding Judge.
Conviction for violating the local option law. This is a C. O. D. shipment of whisky from Waco to Hillsboro. The order is the same as that in Hovich v. State,, just decided. This constituted a sale in Waco, and not at the point of destination. Black on Internal Liquor Law, section 434, subject 2, lays down this proposition: “A licensed dealer who receives at his place of business an order for liquor from a place in which he has no license, and fills it by selecting liquor from his stock and delivering it to an express company or other carrier, to be carried to the…
2Cases cited6 opinions
- Pilgreen v. StateSupreme Court of Alabama · 1882
- Dunn v. StateSupreme Court of Georgia · 1889
- State v. HughesWest Virginia Supreme Court · 1883
- Frank v. HoeyMassachusetts Supreme Judicial Court · 1880
- Smith v. StateSupreme Court of Arkansas · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Huey v. StateCourt of Criminal Appeals of Texas · 1917
- Taylor v. StateCourt of Criminal Appeals of Texas · 1921
- Grace v. StateCourt of Criminal Appeals of Texas · 1920