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Gordon v. Texas

U.S.
Jan 13, 1958
355 U.S. 369 (1958)
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Summary

In Gordon v. Texas, 355 U.S. 369, the Court in a brief per curiam affirmed a Texas conviction for illegal possession of 11 bottles of rum which had been imported without a permit and to which the required Texas tax stamps were not affixed. The state tax in that case had been held to be not a tax on imports. It is clear that the gravamen of the offense in Gordon was the failure to obtain, or even apply for, a permit as required by state law.

Summary of this case from Dept. of Revenue v. James Beam Co.
See 2 Summaries

Opinion

APPEAL FROM THE COURT OF CRIMINAL APPEALS OF TEXAS.

No. 71.

Argued January 9, 1958. Decided January 13, 1958.

165 Tex.Crim. ___, 310 S.W.2d 328, affirmed.

B. R. Stewart argued the cause and filed a brief for appellant.

C. K. Richards, Assistant Attorney General of Texas, argued the cause for respondent. With him on the brief was Will Wilson, Attorney General.

PER CURIAM.

The judgment is affirmed. Twenty-first Amendment to the Constitution of the United States. Carter v. Virginia, 321 U.S. 131.

Summaries of

Gordon v. Texas

U.S.
Jan 13, 1958
355 U.S. 369 (1958)

In Gordon v. Texas, 355 U.S. 369, the Court in a brief per curiam affirmed a Texas conviction for illegal possession of 11 bottles of rum which had been imported without a permit and to which the required Texas tax stamps were not affixed. The state tax in that case had been held to be not a tax on imports. It is clear that the gravamen of the offense in Gordon was the failure to obtain, or even apply for, a permit as required by state law.

Summary of this case from Dept. of Revenue v. James Beam Co.

In Gordon v. Texas, (1958) 355 U.S. 369, 78 S.Ct. 363, 2 L.Ed.2d 352, the defendant enroute to his home in No. Carolina from Mexico, entered Texas with two gallons of Mexican rum. Defendant's conviction for possession of illicit liquor without payment of the Texas tax was affirmed by the Supreme Court in a per curiam decision citing the 21st Amendment and Carter v. Commonwealth of Virginia, supra.

Summary of this case from Ammex Warehouse Co. of San Ysidro, Inc. v. Department of Alcoholic Beverage Control for State of California
Case details for

Gordon v. Texas

Case Details

Full title:GORDON v . TEXAS

Court:U.S.

Date published: Jan 13, 1958

Citations

355 U.S. 369 (1958)

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321 U.S. at 137-138, 64 S.Ct. at 468. The most recent Supreme Court decision on the point is Gordon v. Texas,…

Dept. of Revenue v. James Beam Co.

" Id., at 64. In Gordon v. Texas, 355 U.S. 369, the Court in a brief per curiam affirmed a Texas conviction…

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