Tucker v. State

Court of Criminal Appeals of Texas

Tucker v. State

89 S.W.2d 787, 1936 Tex. Crim. App. LEXIS 727

CourtCourt of Criminal Appeals of Texas

DecidedJanuary 15, 1936

DocketNo. 17848

StatusPublished

This text of 89 S.W.2d 787 (Tucker 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

Tucker v. State, 89 S.W.2d 787, 1936 Tex. Crim. App. LEXIS 727 (Tex. 1936).

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Opinion

LATTIMORE, Judge.

Conviction for possessing. intoxicating liquor for purposes of sale; punishment, five years in the penitentiary.

This prosecution was had under what was commonly called the Dean Law (Pen.Code 1925, art. 666 et seq., as amended). The law has been repealed (Vernon’s Ann. P.C. art. 666 — 49), and no saving clause appears in the repealing statute taking care of pending prosecutions. We have no alternative but to follow the mandate of our statute and reverse and dismiss this prosecution. It is accordingly ordered that the judgment of the trial court be reversed and the prosecution dismissed following Meadows v. State (Tex.Cr.App.) 88 S.W.(2d) 481, opinion handed down November 27, 1935.

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LATTIMORE, Judge.

Conviction for possessing. intoxicating liquor for purposes of sale; punishment, five years in the penitentiary.

This prosecution was had under what was commonly called the Dean Law (Pen.Code 1925, art. 666 et seq., as amended). The law has been repealed (Vernon’s Ann. P.C. art. 666 — 49), and no saving clause appears in the repealing statute taking care of pending prosecutions. We have no alternative but to follow the mandate of our statute and reverse and dismiss this prosecution. It is accordingly ordered that the judgment of the trial court be reversed and the prosecution dismissed following Meadows v. State (Tex.Cr.App.) 88 S.W.(2d) 481, opinion handed down November 27, 1935.

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89 S.W.2d 787, 1936 Tex. Crim. App. LEXIS 727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tucker-v-state-texcrimapp-1936.

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