Keller v. State

Court of Appeals of Texas

Keller v. State

4 S.W. 886, 23 Tex. Ct. App. 259, 1887 Tex. Crim. App. LEXIS 60

Procedural entryThis page is a short order in Keller v. State. Read the opinion of the Court — 25 Tex. Ct. App. 325 →

Court of Appeals of Texas·Decided April 9, 1887·No. No. 5215·Published

Opinion

Hurt, Judge.

This was a conviction for selling a glass of whisky to one F. Meyer, on Sunday.

There is no law prohibiting the giving away of whisky on Sunday. It is the sale or barter that is prohibited. To sustain this conviction there must be proof that appellant sold—barter[260]*260ing not being alleged—the whisky. Looking to the statement of facts, we find that there is not sufficient proof upon this point. For this, the judgment must be reversed and the cause remanded.

Opinion delivered April 9, 1887.

Reversed and remanded.

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Hurt, Judge.

This was a conviction for selling a glass of whisky to one F. Meyer, on Sunday.

There is no law prohibiting the giving away of whisky on Sunday. It is the sale or barter that is prohibited. To sustain this conviction there must be proof that appellant sold—barter[260]*260ing not being alleged—the whisky. Looking to the statement of facts, we find that there is not sufficient proof upon this point. For this, the judgment must be reversed and the cause remanded.

Opinion delivered April 9, 1887.

Reversed and remanded.

Keller v. State, 4 S.W. 886, 23 Tex. Ct. App. 259, 1887 Tex. Crim. App. LEXIS 60 (Tex. Ct. App. 1887).

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