# Longmire v. State

> Court of Criminal Appeals of Texas · December 16, 1914 · 75 Tex. Crim. 616

URL: https://www.frixlaw.com/law-library/cases/3935644

## Case

- **Full name:** Charley Longmire v. the State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** December 16, 1914
- **Citations:** 75 Tex. Crim. 616; 171 S.W. 1165; 1914 Tex. Crim. App. LEXIS 524
- **Precedential status:** Published
- **Opinion:** Concurrence
- **Judges:** Davidsoh, Habpeb, Peek'debgast
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3935644

## Opinion text

I concur in the reversal. The Allison bill was intended to prevent violation of the local option law and to make that law more effective, otherwise there is and was no expressed reason for enacting it. The transportation of intoxicants to the citizen for his own use can not interfere in letter or spirit with the local option law. In such case it is neither a sale nor intended sale. The citizen certainly can do by his agent the thing he himself can do innocently. Police power is not arbitrary, but is within constitutional limits, and the rule "so use your own as not to injure the rights of others or the public rights."
PRENDERGAST, PRESIDING JUDGE, dissents.
January 2, 1915.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3935644. Public record. Not legal advice.