Eppstein v. State
Citations
- 11 Tex. Ct. App. 480
Syllabus
<p>1. Indictments presented prior to the time when the Common-Sense Indictment Act of 1881 took effect cannot be tested by that enactment.</p> <p>2. Wholesale Liquor Selling,— The charging part of an indictment filed June 28, 1881, alleged that the accused pursued the ‘•occupation of a wholesale liquor dealer, and did then and there sell spirituous, vinous and other intoxicating liquors in quantities of five gallons and more than that amount, without first obtaining license therefor by payment of the State tax fixed by law upon said occupation; against,” etc. Held, that the indictment was fatally defective under the law in force when it was presented. And even under the Common-Sense Indictment Act it would be insufficient because it fails to allege the name of the person to whom the sale was made.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- in defendant’s trial for sexual assault of two minors, ex-wife’s testimony that defendant had “unnatural” sexual preference for anal sex was irrelevant propensity evidence prohibited by Evid.R. 404(B) and, under the circumstances of the case, was harmful error warranting a new trial
Source: CourtListener parenthetical corpus (CC0).
Judges: Winkler
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