Legal Opinion

Bowman v. State

Court of Criminal Appeals of Texas

Decided May 26, 1897No. 821PublishedCited by 18 opinions

Appeal from the County Court of Coleman. Tried below before Hon. B. F. Bose, County Judge. Appeal from a conviction for a violation of local option; penalty, a fine of $25 and twenty days imprisonment in the county jail. Defendant made a motion to quash the information, which was overruled.

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Appeal from the County Court of Coleman. Tried below before Hon. B. F. Bose, County Judge. Appeal from a conviction for a violation of local option; penalty, a fine of $25 and twenty days imprisonment in the county jail. Defendant made a motion to quash the information, which was overruled. Objection was made to the reading, in evidence, of the order of the commissioners court ordering the election, first, because the acts of the Legislature authorizing the submission of the issue of local option are unconstitutional, in that said acts of the Legislature submit an issue not authorized by the…

1Opinion of the Court

Appellant was convicted of violating the local option law in precinct No. 1 of Coleman County, and his punishment assessed at a fine of $25 and twenty days imprisonment in the county jail; hence this appeal.

The court did not err in refusing to quash the information in this case. See Key v. State, 37 Tex.Crim. Rep..

Appellant contends that the act of the Legislature under which the question of local option was submitted to the voters of precinet No. 1 in Coleman County is unconstitutional and void, because the Constitution authorizes the submission to the voters of the county whether the sale…

2Cases cited2 opinions

  1. Pease v. ColeSupreme Court of Connecticut · 1885
  2. Irish v. StateCourt of Criminal Appeals of Texas · 1895

3Cited by18 opinions

  1. Sellers v. StateCourt of Criminal Appeals of Oklahoma · 1915
  2. Belcher v. StateCourt of Criminal Appeals of Texas · 1913
  3. Himmelfarb v. StateCourt of Criminal Appeals of Texas · 1915
  4. Gentry v. StateCourt of Criminal Appeals of Texas · 1912
  5. Brantly v. StateCourt of Criminal Appeals of Texas · 1900

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