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Schmidt v. State

94 S.W.2d 743, 130 Tex. Crim. 369, 1936 Tex. Crim. App. LEXIS 243
CourtCourt of Criminal Appeals of Texas
DecidedMay 20, 1936
DocketNo. 18330.
StatusPublished
Cited by7 cases

This text of 94 S.W.2d 743 (Schmidt 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
Schmidt v. State, 94 S.W.2d 743, 130 Tex. Crim. 369, 1936 Tex. Crim. App. LEXIS 243 (Tex. 1936).

Opinion

HAWKINS, Judge.

Conviction is for violation of the so-called “local option law,” punishment assessed being confinement in the county jail for 90 days.

It is averred in the complaint and information that appellant sold whisky “in a dry area, to-wit: Hill County, Texas.” Said averment is insufficient to allege a violation of the law. See opinion this day delivered in No. 18,329, J. H. Whitmire v. State. (Reported on page 372 of this volume).

The judgment is reversed and the prosecution ordered dismissed under the present complaint and information.

Reversed and prosecution ordered dismissed.

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Related

Frost v. State
369 S.W.2d 357 (Court of Criminal Appeals of Texas, 1963)
Campbell v. State
102 S.W.2d 215 (Court of Criminal Appeals of Texas, 1937)
Pond v. State
101 S.W.2d 247 (Court of Criminal Appeals of Texas, 1937)
Terrell v. State
99 S.W.2d 304 (Court of Criminal Appeals of Texas, 1936)
Greenway v. State
98 S.W.2d 1000 (Court of Criminal Appeals of Texas, 1936)
Grady v. State
97 S.W.2d 472 (Court of Criminal Appeals of Texas, 1936)

Cite This Page — Counsel Stack

Bluebook (online)
94 S.W.2d 743, 130 Tex. Crim. 369, 1936 Tex. Crim. App. LEXIS 243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schmidt-v-state-texcrimapp-1936.