Williams v. State

Citations

• 23 Tex. Ct. App. 499
• 5 S.W. 136
• 1887 Tex. Crim. App. LEXIS 115

Syllabus

<p>1. Unlawful Sale of Spirituous Liquor—Occupation Tax—Charge of the Court.—The offense denounced by Article 110 o£ the Penal Code consists not in the mere sale of spirituous liquors without license, hut in the pursuing o£ the Occupation o£ selling spirituous liquors without'first having paid the occupation tax levied on such avocation. The defense in this case requested a special instruction conforming to this doctrine, and the refusal of which, under the facts in proof, was error,</p> <p>2. Same—Evidence—Fact Case.—See the opinion in extenso for the substance of evidence held insufficient to support a conviction for following the occupation of selling spirituous liquors without having paid the tax levied thereon.</p>