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Hail v. the State

Court of Criminal Appeals of Texas
Dec 6, 1905
85 S.W. 14 (Tex. Crim. App. 1905)

Opinion

No. 3190.

Decided December 6, 1905.

Occupation Tax — Local Option — License — Statutes Construed.

There is no statute authorizing a license for the occupation of selling malt liquor in a local option precinct; the license is for selling intoxicating liquors and the State tax thereon is not less than $200. A prosecution for pursuing the occupation of selling malt liquors without a license in a local option precinct is no offense known to the law.

Appeal from the County Court of McLennan. Tried below before Hon. G.B. Gerald.

Appeal from a conviction of pursuing an occupation without license; penalty, ninety days confinement in the county jail.

The opinion states the case.

Winbourn Pierce, for appellant. Ex parte Gray, 11 Texas Ct. Rep., 734.

Howard Martin, Assistant Attorney-General, for the State.


Appellant was prosecuted in the county court, under an indictment charging him with pursuing the occupation of selling malt liquors without having procured a license. The occupation being taxed $50 by the State and $25 by the county. The record shows that if the occupation was followed at all, it was in a precinct where local option prevailed. There is no statute authorizing a license for the occupation of selling malt liquors in a local option precinct. The license is for selling intoxicating liquors in a local option district, and the State tax thereon is not less than $200. It follows, therefore, that appellant was not prosecuted for any offense known to the law. The judgment is accordingly reversed and the prosecution ordered dismissed.

Reversed and dismissed.


Summaries of

Hail v. the State

Court of Criminal Appeals of Texas
Dec 6, 1905
85 S.W. 14 (Tex. Crim. App. 1905)
Case details for

Hail v. the State

Case Details

Full title:BOB HAIL v. THE STATE

Court:Court of Criminal Appeals of Texas

Date published: Dec 6, 1905

Citations

85 S.W. 14 (Tex. Crim. App. 1905)
48 Tex. Crim. 514