Monzingo v. State

Court of Criminal Appeals of Texas

Monzingo v. State

106 S.W.2d 282, 132 Tex. Crim. 545, 1937 Tex. Crim. App. LEXIS 327

CourtCourt of Criminal Appeals of Texas

DecidedJune 2, 1937

DocketNo. 18928.

StatusPublished

Cited by1 cases

This text of 106 S.W.2d 282 (Monzingo 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

Monzingo v. State, 106 S.W.2d 282, 132 Tex. Crim. 545, 1937 Tex. Crim. App. LEXIS 327 (Tex. 1937).

Pincite

Opinion

MORROW, Presiding Judge.

— The conviction is for the unlawful sale of intoxicating liquor; penalty assessed at a fine of $100.00.

The count of the information under which the conviction was obtained is insufficient in failing to allege the steps by which the sale of liquor was prohibited; namely, that an election was held in the county and that the result thereof was such as to prohibit the act complained of. See Whitmire v. State, 94 S. W. (2d) 742; Kelly v. State, 98 S. W. (2d) 998; Privitt v. State, 98 S. W. (2d) 204; Hardin v. State, 101 S. W. (2d) 264.

For the reason stated, the judgment is reversed and the prosecution ordered dismissed.

Reversed and prosecution ordered dismissed.

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