Cain v. State
Texas Supreme Court
Appeal from Bastrop. Tried below before the Hon. A. W. Terrell. Indictment charging Barney Cain and John Persons with selling intoxicating liquors, on the first day of July, 1857, in quantities less than a quart. Motion to quash the indictment, on the ground that there was no such offence known to the laws of the State. Motion overruled. Verdict as follows: “We, the jury, find the defendants guilty, and assess the fine at fifty dollars.”
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Appeal from Bastrop. Tried below before the Hon. A. W. Terrell. Indictment charging Barney Cain and John Persons with selling intoxicating liquors, on the first day of July, 1857, in quantities less than a quart. Motion to quash the indictment, on the ground that there was no such offence known to the laws of the State. Motion overruled. Verdict as follows: “We, the jury, find the defendants guilty, and assess the fine at fifty dollars.” Judgment against each defendant for fifty dollars.
1Opinion of the CourtWheeler, J.
This indictment was found under the 5th Section of the Act of the 6th Legislature, entitled “An Act to authorize the County Courts of this State to grant a license for the retail of spirituous, vinous and other intoxicating liquors in quantities less than a quart, and imposing a license tax for such privilege,” approved February 2d, 1856. (Pamphlet Acts, p. 67.)
The material question to be determined is whether this Act was repealed by Acts of a later date, passed by the same Legislature. It is insisted for the appellants that it was ; and we are referred, in support of this opinion, to…
2Cases cited1 opinion
- Street v. CommonwealthSupreme Court of Pennsylvania · 1843
3Cited by70 opinions
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- State v. DyerTexas Supreme Court · 1947
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- Fitch v. StateCourt of Criminal Appeals of Texas · 1910
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