Potts v. State
Court of Criminal Appeals of Texas
The court erred in refusing to sustain defendant’s motion in arrest of judgment, because the complaint and information in this case is insufficient in that it does not negative the exceptions contained in the section of' the law under which said complaint and information is filed, Appeal from a conviction of peddling without payment of the occupation tax and obtaining license to pursue such occupation; penalty, a fine of $500. The facts are fully stated in the opinion.
Read the full summary
The court erred in refusing to sustain defendant’s motion in arrest of judgment, because the complaint and information in this case is insufficient in that it does not negative the exceptions contained in the section of' the law under which said complaint and information is filed, Appeal from a conviction of peddling without payment of the occupation tax and obtaining license to pursue such occupation; penalty, a fine of $500. The facts are fully stated in the opinion. The charge of the court was: “In this case you are instructed to find defendant guilty and assess his punishment at a fine of…
1Opinion of the Court
DAVIDSON,.Presiding Judge.
Appellant was convicted under the second section of the Act of May 12, 1899, which is as follows: “From every person or firm who peddles out clocks, agricultural implements, cook stoves or ranges, wagons, buggies, carriages, surreys and other similar vehicles, washing machines and churns, an annual tax of $250, to be paid in each county in which said occupation is pursued; provided, that a merchant who pays an occupation tax, as now required by law, shall not be required to pay this special tax for selling the articles named in this section, when sold in his place of…
2Cases cited10 opinions
- Emert v. MissouriSupreme Court of the United States · 1895
- Commonwealth v. FarnumMassachusetts Supreme Judicial Court · 1873
- Emmons v. City of LewistownIllinois Supreme Court · 1890
- Ex parte TaylorMississippi Supreme Court · 1880
- State v. . LeeSupreme Court of North Carolina · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. BristowSupreme Court of Iowa · 1906
- Upchurch v. City of LagrangeSupreme Court of Georgia · 1924
- Hannon v. StateCourt of Criminal Appeals of Texas · 1905
- Huffman v. StateCourt of Criminal Appeals of Texas · 1909
- Sproulen v. StateCourt of Criminal Appeals of Texas · 1924
2 more not listed; retrieve them via the Exa API.