W. T. Stallworth v. State

Citations

• 16 Tex. Ct. App. 345
• 1884 Tex. Crim. App. LEXIS 116

Syllabus

<p>1. “ Local Option ” Law—Indictment.—The Legislature had no constitutional authority to prohibit the gift of intoxicating liquors, nor to empower localities to do so by means of the local option law; wherefore an indictment charging a mere gift of liquor is insufficient to charge any offense.</p> <p>3. Same,—Even when a sham gift but a real sale of the intoxicating liquor is charged as the gravamen of the offense, to be sufficient, the indictment must charge that the gift was made “ with the purpose of evading the law.”</p> <p>3. Same—Evidence.—Upon questions arising upon the admission of evidence, see Boone’s case, 10 Texas Court of Appeals, 418; Prather's case, 12 Id., 401; Akin's case, 14 Id., 143.</p>