Court of Criminal Appeals of Texas, 1958

Smith v. State

Smith v. State
Court of Criminal Appeals of Texas · Decided November 19, 1958 · Davidson, Dice
318 S.W.2d 64; 1958 Tex. Crim. App. LEXIS 4815 (South Western Reporter, Second Series)

Smith v. State

Opinion of the Court

DICE, Commissioner.

Appellant was convicted of unlawfully possessing a still and equipment for the manufacture of intoxicating liquor and his punishment assessed at IS days in jail and a fine of $250.

The conviction is upon a complaint and information containing allegations similar to those in Robinson v. State, Tex.Cr.App., 318 S.W.2d 62, which we held insufficient to charge such an offense.

For the reasons stated in the Robinson case, the judgment is reversed and the prosecution ordered dismissed.

Opinion approved by the court.

Dissenting Opinion

DAVIDSON, Judge

(dissenting).

For the reasons set forth in my dissenting opinion in the case of Robinson v. State, Tex.Cr.App., 318 S.W.2d 62, I dissent herein.

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