Doggett v. State

Court of Criminal Appeals of Texas

Doggett v. State

261 S.W. 1117, 97 Tex. Crim. 434, 1924 Tex. Crim. App. LEXIS 354

CourtCourt of Criminal Appeals of Texas

DecidedMay 14, 1924

DocketNo. 8088.

StatusPublished

This text of 261 S.W. 1117 (Doggett v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Doggett v. State, 261 S.W. 1117, 97 Tex. Crim. 434, 1924 Tex. Crim. App. LEXIS 354 (Tex. 1924).

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Opinion

HAWKINS, Judge.

Appellant was charged by indictment with selling intoxicating liquor to which he entered a' plea of guilty. Upon the evidence introduced under such plea his punishment was fixed at confinement in the penitentiary for one year.

No attack was made upon the law in the court below, but for the first time in this court the contention is urged that the law under which conviction was had is unconstitutional, in that in defining the offense the Legislature omitted the exceptions contained in the constitutional amendment under which the law was passed. This exact point has been settled adversely to appellant’s contention in No. 8212, Walker v. State, opinion April 2, 1924; No. 8379, Sproules v. State, opinion April 9th, 1924.

An affirmance of the judgment is ordered.

Affirmed.

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HAWKINS, Judge.

Appellant was charged by indictment with selling intoxicating liquor to which he entered a' plea of guilty. Upon the evidence introduced under such plea his punishment was fixed at confinement in the penitentiary for one year.

No attack was made upon the law in the court below, but for the first time in this court the contention is urged that the law under which conviction was had is unconstitutional, in that in defining the offense the Legislature omitted the exceptions contained in the constitutional amendment under which the law was passed. This exact point has been settled adversely to appellant’s contention in No. 8212, Walker v. State, opinion April 2, 1924; No. 8379, Sproules v. State, opinion April 9th, 1924.

An affirmance of the judgment is ordered.

Affirmed.

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Bluebook (online)

261 S.W. 1117, 97 Tex. Crim. 434, 1924 Tex. Crim. App. LEXIS 354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doggett-v-state-texcrimapp-1924.