Lewis v. State

259 S.W. 1087, 97 Tex. Crim. 152, 1924 Tex. Crim. App. LEXIS 236

Opinion

MORROW, Presiding Judge.

The conviction is for the unlawful sale of intoxicating liquor; punishment fixed at confinement in the penitentiary for one year.

The indictment charges that the appellant “did then and thereunlawfully sell spirituous, vinous and malt liquor capable of producing intoxication.” It fails to name the purchaser or to state any excuse for the absence of such an averment. The statute demands in express terms that such an indictment contain the name of the purchaser. C. C. P., Art. 464. Many decisions are to the same effect. Alexander v. State, 29 Texas, 496; Dixon v. State, 21 Texas Crim. App., 517; Branch’s Ann. Texas P. C., Sec. 1224, subdivision 7; Fisher v. State, 51 Texas Crim. Rep., 568, 197 S. W. Rep., 189.

The judgment is reversed and. the prosecution ordered dismissed.

Reversed and dismissed.