Longenotti v. State

Citations

• 22 Tex. Ct. App. 61
• 2 S.W. 620
• 1886 Tex. Crim. App. LEXIS 228

Syllabus

<p>1. Occupation Taxes—Information.—The Act of the Seventeenth Legislature, called session (page 20), provides that the tax to be assessed and collected for every pilliard, bagatelle, pigeon hole, devil among the tailors, or jenny lind table, or anything of the kind used for profit, shall be twenty dollars; and any such table used in connection with a drinking saloon or other place of business where intoxicating liquors are sold or given away, or upon which any money or other thing of value is paid, shall be regarded as used for profit. Held, that the said Act does not authorize the taxation or license of the use of a pool table, eo nomine; and in as much as a “pool table” is not one of the tables enumerated in the act, the information, to charge an offense under the act, should have alleged that the said pool table was of a kind with some,one or all of those mentioned, and that it was used for profit. The motion to quash the information should have been sustained, and, failing to sustain it, the trial court erred in overruling the motion in arrest.</p> <p>2. Same—Penalty—Charge of the Court.—The penalty for pursuing a' taxed occupation without having paid license therefor, is a fine not less than the amount of taxes due, and not more than double that amount. In charging the jury that they could fine the defendant in an amount equal to the State and county tax, the trial court erred.</p>