Scales v. State
Court of Criminal Appeals of Texas
The charging part of the indictment is in words and figures as follows, to wit: “That E. G-. Scales, composing one of the members of the company of E. C- Scales & Co., whose other names that composed said company are unknown to the grand jury, after making diligent inquiry in said county and State, on the 1st day of July, A. D. 1903, and before the presentment of this indictment, did then and there unlawfully and on each succeeding day thereafter till the 1st day of Juty, A.…
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The charging part of the indictment is in words and figures as follows, to wit: “That E. G-. Scales, composing one of the members of the company of E. C- Scales & Co., whose other names that composed said company are unknown to the grand jury, after making diligent inquiry in said county and State, on the 1st day of July, A. D. 1903, and before the presentment of this indictment, did then and there unlawfully and on each succeeding day thereafter till the 1st day of Juty, A. D. 1903, conduct, carrjr on, and transact a business commonly known as dealing in futures in cotton, grain, lard,…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of selling cotton futures, under article 377, Penal Code, and his punishment assessed ' at a fine of $250 and thirty days imprisonment in the county jail; hence this appeal.
Appellant made a motion to quash the indictment, on the ground that it failed to allege a sale to any person. This indictment, under the former holdings of this court, would appear to be in the respect mentined, vicious. Goldstein v. State, 36 Texas Crim. Rep., 193; Cothran v. State, 36 Texas Crim. Rep., 196. However, those cases on this question have been overruled in Fullerton v.…
2Cases cited18 opinions
- Irwin v. WilliarSupreme Court of the United States · 1884
- Bibb v. AllenSupreme Court of the United States · 1893
- W. A. Ryan & Co. v. M., K. & T. R'y Co.Texas Supreme Court · 1886
- Oliphant v. MarkhamTexas Supreme Court · 1891
- Jones v. StateCourt of Criminal Appeals of Texas · 1897
13 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Melley v. StateCourt of Criminal Appeals of Texas · 1922
- Kirsner v. StateCourt of Appeals of Maryland · 1944
- Gould v. StateCourt of Criminal Appeals of Texas · 1912
- Sanders v. StateCourt of Criminal Appeals of Texas · 1913
- Lemly v. StateCourt of Criminal Appeals of Texas · 1927
9 more not listed; retrieve them via the Exa API.