From Casetext: Smarter Legal Research

Deaton v. State

Court of Criminal Appeals of Texas
Dec 14, 1938
122 S.W.2d 1068 (Tex. Crim. App. 1938)

Opinion

No. 19859.

Delivered December 14, 1938.

Intoxicating Liquor (Whisky Possessed on Premises with Beer Permit).

Conviction for possessing whisky at a place where only beer could legally be sold reversed and present prosecution ordered dismissed because of repugnant penalties for the same offense (following Moran v. State, page 645 of this volume).

Appeal from the County Court of Tom Green County. Hon. Jim W. Stovall, Judge.

Appeal from conviction for possessing whisky at a place where only beer could legally be sold under a "beer permit"; penalty, fine of $100.

Judgment reversed and dismissal of prosecution ordered.

The opinion states the case.

W. E. Davenport, of San Angelo, for appellant.

Lloyd W. Davidson, State's Attorney, of Austin, for the State.


Conviction is for possessing whisky at a place where only beer could legally be sold under a "beer permit," punishment being a fine of $100.00.

The statute under which this prosecution proceeded was held inoperative because of repugnant penalties for the same offense in No. 19804, M. M. Moran v. State, opinion this date. [Page 645 of this volume.]

The same reasons here make it imperative to reverse the judgment and order the dismissal of the present prosecution.


Summaries of

Deaton v. State

Court of Criminal Appeals of Texas
Dec 14, 1938
122 S.W.2d 1068 (Tex. Crim. App. 1938)
Case details for

Deaton v. State

Case Details

Full title:OLLIE DEATON v. THE STATE

Court:Court of Criminal Appeals of Texas

Date published: Dec 14, 1938

Citations

122 S.W.2d 1068 (Tex. Crim. App. 1938)
135 Tex. Crim. 641