Phillips v. State

Court of Appeals of Texas

Phillips v. State

4 S.W. 893, 23 Tex. Ct. App. 304, 1887 Tex. Crim. App. LEXIS 69

CourtCourt of Appeals of Texas

DecidedApril 20, 1887

DocketNO. 5303

StatusPublished

Cited by1 cases

This text of 4 S.W. 893 (Phillips v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Phillips v. State, 4 S.W. 893, 23 Tex. Ct. App. 304, 1887 Tex. Crim. App. LEXIS 69 (Tex. Ct. App. 1887).

Pincite

Opinion

Willson, Judge.

It is not a violation of the local option law to sell intoxicating liquors until after the order of the commissioners court declaring the result of the election adopting said law has been published for four successive weeks in the news, paper having the largest circulation in the county. (Penal Code> art. 378; Rev. Stats., arts. 3234-3239.) In this case the said order was published in four successive issues of a newspaper, the dates of said issues being July 4, 11, 18 and 25, 1885. The trial judge in effect instructed the jury that the publication of said order was completed July 25, 1885, the date of the last issue of the newspaper in which it was inserted, and that the law took effect and became operative on that day. This was error.

[305]*305Opinion delivered April 20, 1887.

The law contemplates the publication of such order for four, full successive weeks, or twenty-eight days, dating from the day of its first publication. Such has been the construction placed upon analogous statutes, and such is, we think, the plain intention of this statute. (Hill v. Faison, 27 Texas, 428; Stephenson v. R. R. Co., 42 Texas, 162.) The local option law did not, therefore, become operative in Denton county until August 2, 1885. Hot only was this erroneous charge of the court excepted to, by defendant, but he requested a special instruction presenting the law upon the subject correctly, which was refused by the court, and to which action of the court the defendant also excepted.

Because of these errors the judgment is reversed and the cause is remanded.

Reversed and remanded„

i

Í

Free access — add to your briefcase to read the full text and ask questions with AI

Willson, Judge.

It is not a violation of the local option law to sell intoxicating liquors until after the order of the commissioners court declaring the result of the election adopting said law has been published for four successive weeks in the news, paper having the largest circulation in the county. (Penal Code> art. 378; Rev. Stats., arts. 3234-3239.) In this case the said order was published in four successive issues of a newspaper, the dates of said issues being July 4, 11, 18 and 25, 1885. The trial judge in effect instructed the jury that the publication of said order was completed July 25, 1885, the date of the last issue of the newspaper in which it was inserted, and that the law took effect and became operative on that day. This was error.

[305]*305Opinion delivered April 20, 1887.

The law contemplates the publication of such order for four, full successive weeks, or twenty-eight days, dating from the day of its first publication. Such has been the construction placed upon analogous statutes, and such is, we think, the plain intention of this statute. (Hill v. Faison, 27 Texas, 428; Stephenson v. R. R. Co., 42 Texas, 162.) The local option law did not, therefore, become operative in Denton county until August 2, 1885. Hot only was this erroneous charge of the court excepted to, by defendant, but he requested a special instruction presenting the law upon the subject correctly, which was refused by the court, and to which action of the court the defendant also excepted.

Because of these errors the judgment is reversed and the cause is remanded.

Reversed and remanded„

i

Í

Cite This Page — Counsel Stack

Bluebook (online)

4 S.W. 893, 23 Tex. Ct. App. 304, 1887 Tex. Crim. App. LEXIS 69, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillips-v-state-texapp-1887.

Opinion

Related

Cite This Page — Counsel Stack