Lantznester v. State

Citations

• 19 Tex. Ct. App. 320
• 1885 Tex. Crim. App. LEXIS 195

Syllabus

<p>Unlawful Sale of Intoxicating Liquors to a Minor—Information—Term Defined.— The sale or gift of intoxicating liquor to a person under the age of twenty-one years, without the written consent of the parent or guardian of such minor, or other person standing in the place of such parent or guardian, is a penal offense in this State, under the provisions of article 376 of the Penal Code. “ Parent,” in common parlance, signifies father or mother, and, by express provision of article 22 of the Penal Code of this t State, is made to include both male and female. “ Father ” or “ mother,” therefore, is not equivalent to the statutory word “ parent;” and an information does not negative the consent of the “parent” by using the term “ father ” in the stead of “ parent.” The general rule is that the indictment or information should follow and conform to the statute denouncing the offense. When other words are used, the words substituted must be equivalent to the statutory terms, or be of a more comprehensive and extensive signification.</p>