Legal Opinion

Collins v. State

Court of Criminal Appeals of Texas

Decided January 12, 1916No. 3904Published

Appeal from the County Court of Callahan. Tried below before the Hon. W. R. Fly. Appeal from a conviction of unlawfully pursuing the occupation of peddling medicines without license, and paying the occupation tax therein; penalty, a fine of $150. The opinion states the ease.

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Appeal from the County Court of Callahan. Tried below before the Hon. W. R. Fly. Appeal from a conviction of unlawfully pursuing the occupation of peddling medicines without license, and paying the occupation tax therein; penalty, a fine of $150. The opinion states the ease. Cited Watkins Medical Co. v. Johnson et al., 162 S. W. Rep., 394; Erwin v. L. I. Dupoint DeNormans Powder Co. et al., 156 S. W. Rep., 1097; Rock Vegetable Tea Co. v. Malone, 162 S. W. Rep., 662; Kirkpatrick v. State, 60 S. W. Rep., 762. Cited Needham v. State, 51 Texas Crim. Rep., 248, and cases cited in opinion.

1Opinion of the Court

PRENDERGAST, PRESIDING Judge.

Appellant was convicted for pursuing the occupation of peddling medicines without paying the occupation tax prescribed by law.

The information strictly follows the statute and alleges .properly everything necessary as a proper pleading unless it be what we will now state.

Our statute (art. 7355, Rev. Civ. Stats.) enacts that there shall be levied on, and collected from, every traveling person selling patent and other medicines $100 occupation tax annually to the State, and that no traveling person shall so sell until said tax is paid. Our statutes further authorize…

2Cases cited4 opinions

  1. South v. StateCourt of Criminal Appeals of Texas · 1913
  2. Saulsbury v. StateCourt of Criminal Appeals of Texas · 1901
  3. Shed v. StateCourt of Criminal Appeals of Texas · 1913
  4. Camp v. StateCourt of Criminal Appeals of Texas · 1911

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