Angerhoffer v. State

Citations

• 15 Tex. Ct. App. 613
• 1884 Tex. Crim. App. LEXIS 52

Syllabus

<p>Sunday Law—Immunity under Municipal Ordinance.—Being prose- . euted for selling-liquor on Sunday, in violation of Article 186 of the Penal Code, as amended in 1883, the defendant proved that he was licensed by the State, and by the city of Houston, to retail spirituous liquors, and ' that the ordinances of the city of Houston made it penal to sell on Sunday between the hours of nine a. m. and four p. m., but imposed no penalty for selling before or after those hours. The charter of the city of Houston empowers its council to “close up dram shops, etc., whenever necessary or expedient,” and “to make all needful and proper regulations concerning grog shops,” etc. Held, that the authority thus conferred on the city council does not enable it to nullify or abrogate the provisions of the general law of the State, nor to shelter the appellant from the penalties imposed by the general law for selling liquor at any hour on Sunday.</p>