Court of Criminal Appeals of Texas, 1957

Etter v. State

Etter v. State
Court of Criminal Appeals of Texas · Decided January 23, 1957 · Dice
297 S.W.2d 834; 1957 Tex. Crim. App. LEXIS 2795 (South Western Reporter, Second Series)

Etter v. State

Opinion of the Court

DICE, Commissioner.

The conviction is for the unlawful possession of intoxicating liquor for the purpose of sale in a dry area; the punishment, a fine of $300.

The information is fatally defective in that it does not conclude “Against the peace and dignity of the State,” as required -by Art. 414, Vernon’s Ann. C.C.P. and Art. V, Sec. 12, of the Constitution of Texas, Vernon’s Ann.St. See Reese v. State, 139 Tex.Cr.R. 593, 141 S.W.2d 949; and Herring v. State, 160 Tex.Cr.R. 597, 273 S.W.2d 421.

The judgment is reversed and the cause remanded.

Opinion approved by the Court.

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