State v. Smith

Texas Supreme Court
State v. Smith, 35 Tex. 132 (Tex. 1872)
Ogden

State v. Smith

Opinion of the Court

Ogden, J.

The 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.

We 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.

Reversed and remanded,

Reference

Full Case Name
State v. John Smith
Cited By
2 cases
Status
Published
Syllabus
Indictment charged 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 drunk at the establishment where sold.” Held, sufficiently definite- to charge an offense-under Article 2076 of Paschal’s Digest; and that that article is still in force and unrepealed.