Davidson v. State

Citations

• 27 Tex. Ct. App. 262
• 11 S.W. 371
• 1889 Tex. Crim. App. LEXIS 32

Syllabus

<p>1. Occupation Tax.—An employe who follows the occupation of selling inhibited liquors when the tax imposed by law has not been paid is, equally with his principal, amenable to article 110 of the Penal Code.</p> <p>2. Sams—Penalty — Charge of the Court.—The minimum punishment for pursuing an occupation taxed by law without having first obtained necessary license, is a fine of not less than the tax imposed upon such occupation. And as the license of a retail liquor dealer can not issue for a shorter period than one year, the minimum punishment for the violation of the said article 110 is a fine in the full amount of one year’s tax upon such occupation. The charge of the court so defining the penalty, it was correct.</p> <p>3. Same—Practice—Failing to request instructions to supply omissions in the charge of the court, the defendant in a misdemeanor ease can not be heard to complain of such omissions, notwithstanding he may have excepted to the same.</p>