Court of Criminal Appeals of Texas, 1924

Whittlesey v. State

Court of Criminal Appeals of Texas · Decided June 4, 1924 · Morrow

262 S.W. 757; 97 Tex. Crim. 497; 1924 Tex. Crim. App. LEXIS 386 (South Western Reporter)

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.