Edmanson v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Lampasas. Tried below before the Hon. M. M. White. Appeal from a conviction of unlawfully pursuing the occupation of taking orders for intoxicating liquors in local option territory; penalty; a fine of $6,000 and ninety days confinement in the county jail.
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Appeal from the County Court of Lampasas. Tried below before the Hon. M. M. White. Appeal from a conviction of unlawfully pursuing the occupation of taking orders for intoxicating liquors in local option territory; penalty; a fine of $6,000 and ninety days confinement in the county jail. Leaving out formal averments the information charged the defendant as follows: that heretofore, to wit, on the 28th day of September, 1908, in the county of Lampasas, in the State of Texas, an election in accordance with the laws of the State of Texas was held under authority of an order of the Commissioners…
1DissentDavidson, Presiding Judge
(dissenting).—When the original opinion was handed down in this case I was not present, nor did I participate in the decision. Motion for rehearing was filed, and on one proposition granted, and the judgment reversed and the cause remanded. The original opinion, however, did not discuss the question upon which the judgment was finally reversed, but confined itself to a discussion of the validity of the Act of the Thirty-First Legislature, page 53, under which the prosecution occurred. That Act was held valid and provides that “In all counties, justice precincts, towns, cities or other…
2Cases cited25 opinions
- Cain v. StateTexas Supreme Court · 1857
- Bryan v. SundbergTexas Supreme Court · 1849
- Scoby v. SweattTexas Supreme Court · 1866
- Fitch v. StateCourt of Criminal Appeals of Texas · 1910
- Joliff v. StateCourt of Criminal Appeals of Texas · 1908
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