80 SW2D 980 - Townsend v. State

How this case has been cited

Cited by 17 later decisions — most recently April 1992

2 federal appellate · 15 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

CHRISTIAN, Judge.

¶1The offense is selling intoxicating liquor; the punishment, confinement in the penitentiary for one year.

¶2Omitting the formal parts, the indictment under which appellant was convicted reads as follows: “Ola Townsend did then and there unlawfully sell to J. A. Volte liquor capable of producing intoxication.” The indictment is fundamentally defective for the reasons stated in Offield v. State (Tex. Cr. App.) 75 S.W.(2d) 882.

¶3The judgment is reversed, and the prosecution ordered dismissed.

¶4PER CURIAM.

¶5The foregoing opinion of the Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and approved by the court.