Public-domain · open source
OpenJurist

35 Tex. 132

State v. Smith

Texas Supreme Court

Decided July 1, 1872

Texas Supreme Court · decided 1872-07-01

<p>Appeal from Lamar. Tried below before the Hon.. A. H. Latimer.</p> <p>The opinion states the case.</p>

Decided 1872-07-01

Ogden, J.

¶1The indictment in this case was framed under Article 2076, Paschal’s Digest, and charges that the defendant “unlawfully and wickedly did sell spirituous, vinous, and other intoxicating liquors in quantities of a quart, and did permit the same to be drank at. the establishment where sold.” We think the indictment is sufficiently definite and specific to charge an offense under the statute.

¶2We are also of the opinion that the article of the; statute under which the indictment was drawn is unrepealed, and in full force; and that the court erred in. sustaining the motion to quash. The judgment is therefore reversed and the case remanded for trial.

¶3Reversed and remanded,

/35/tex/132 · .json · Public domain