State v. Drake
Texas Supreme Court
Error to Court of Civil Appeals for Fourth District, in an appeal from Karnes County. The application for writ of error was based upon the action of the Court of Civil Appeals holding, “that the Act of 1893, regulating the sale of spirituous, vinous, and malt liquors, repeals the Act of 1887 upon the same subject; and that the penalties accrued by reason of any breach of a bond executed under the Act of 1887 are pardoned thereby.”
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Error to Court of Civil Appeals for Fourth District, in an appeal from Karnes County. The application for writ of error was based upon the action of the Court of Civil Appeals holding, “that the Act of 1893, regulating the sale of spirituous, vinous, and malt liquors, repeals the Act of 1887 upon the same subject; and that the penalties accrued by reason of any breach of a bond executed under the Act of 1887 are pardoned thereby.” This presented the only question discussed and decided by the court.
1Opinion of the Court
C. A. Culberson, Attorney-General, and Frank Andrews, Assistant, for the State.
This case fairly presents for the decision of this court the question of whether or not the Act of 1893 (General Laws 1893, page 177), regulating the sale of spirituous, vinous, and malt liquors, and prescribing certain penalties for a violation of said provisions, repeals the act approved March 29, 1887 (General Laws 1887, page 58), upon the same subject, in so far that it ipso facto works a repeal or pardon or remission of all forfeitures and penalties accrued under the Act of 1887, by reason of any breach of the…
2Cases cited3 opinions
- Stirman v. StateTexas Supreme Court · 1858
- Countz v. StateTexas Supreme Court · 1874
- State v. HoranTexas Supreme Court · 1853
3Cited by4 opinions
- Gersteman v. StateCourt of Criminal Appeals of Texas · 1895
- State v. MitchellTexas Supreme Court · 1920
- Ex Parte VaccarezzaCourt of Criminal Appeals of Texas · 1907
- State v. RosenbergCourt of Appeals of Texas · 1894