Johnson v. State

Court of Criminal Appeals of Texas

Johnson v. State

29 S.W. 472, 34 Tex. Crim. 106, 1895 Tex. Crim. App. LEXIS 26

CourtCourt of Criminal Appeals of Texas

DecidedJanuary 30, 1895

DocketNo. 524.

StatusPublished

This text of 29 S.W. 472 (Johnson 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

Johnson v. State, 29 S.W. 472, 34 Tex. Crim. 106, 1895 Tex. Crim. App. LEXIS 26 (Tex. 1895).

Pincite

Opinion

DAVIDSON, Judge.

Appellant was charged with and convicted of selling liquor on Sunday, as agent, employe, etc., of another. The offense is averred in appropriate terms. The recognizance recites, that the appellant is charged with and convicted of selling the liquor on Sunday, omitting the allegation that he sold it as agent, etc., of another, who was engaged in the business set forth in the indictment. The recognizance is fatally defective, and recites no offense. It is not an offense to sell on Sunday except in violation of the statute.

The motion of the Assistant Attorney-General to dismiss the appeal is sustained, and the appeal is dismissed.

Appeal dismissed.

Judges all present and concurring.

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DAVIDSON, Judge.

Appellant was charged with and convicted of selling liquor on Sunday, as agent, employe, etc., of another. The offense is averred in appropriate terms. The recognizance recites, that the appellant is charged with and convicted of selling the liquor on Sunday, omitting the allegation that he sold it as agent, etc., of another, who was engaged in the business set forth in the indictment. The recognizance is fatally defective, and recites no offense. It is not an offense to sell on Sunday except in violation of the statute.

The motion of the Assistant Attorney-General to dismiss the appeal is sustained, and the appeal is dismissed.

Appeal dismissed.

Judges all present and concurring.

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Bluebook (online)

29 S.W. 472, 34 Tex. Crim. 106, 1895 Tex. Crim. App. LEXIS 26, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-state-texcrimapp-1895.