Whittlesey v. State

Court of Criminal Appeals of Texas

Whittlesey v. State

262 S.W. 757, 97 Tex. Crim. 497, 1924 Tex. Crim. App. LEXIS 386

CourtCourt of Criminal Appeals of Texas

DecidedJune 4, 1924

DocketNo. 8479.

StatusPublished

Cited by1 cases

This text of 262 S.W. 757 (Whittlesey 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.

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Whittlesey v. State, 262 S.W. 757, 97 Tex. Crim. 497, 1924 Tex. Crim. App. LEXIS 386 (Tex. 1924).

Pincite

Opinion

MORROW, Judge.

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

*498 Article 464, C. C. P., requires that in an indictment for the unlawful sale of intoxicating liquor the name of the purchaser shall be stated. This the indictment in the present case fails to do. The conviction cannot therefore be sustained. Alexander v. State, 29 Texas Crim. App., 496; Dixon v. State, 21 Texas Crim. App., 517; Hoover v. State, 259 S. W. Rep., 1088.

The judgment is reversed and the prosecution ordered dismissed.

Dismissed.

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