Opinion

Sims v. State

  • 157 Tex. Crim. 192
  • 247 S.W.2d 1022
  • 1952 Tex. Crim. App. LEXIS 1739
Court
Court of Criminal Appeals of Texas
Filed
Feb 6, 1952
Status
Published
Author
Graves
On the bench
Beauchamp, Graves
Cited by
10 cases

The opinion

ON MOTION FOR REHEARING.

GRAVES, Presiding Judge.

It is called to our attention in the motion for rehearing that the locus of the offense is not shown in the statement of facts.

The local option liquor law is a special law and not effective except in counties wherein it has been adopted by a vote of the people. We think such a law prohibiting the sale of liquor is in effect in Leon County. The difficulty in which the state finds itself herein is that nowhere in the statement of facts is it shown that the complained of sale upon the part of the appellant took place in Leon County. This was necessary to be shown before an offense can be established in such county.

For a failure to thus show, the motion for rehearing is granted, the judgment of conviction is set aside, and the cause now reversed and remanded.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.