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O'Rear v. State

Herman O'Rear v. the State

O'Rear v. State, 183 S.W.2d 570 (Tex. Crim. App. 1944)
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Court
Court of Criminal Appeals of Texas · State Highest Courts
Decided
November 22, 1944
Docket
No. 22961.
Judges
Krueger
Citations
183 S.W.2d 570147 Tex. Crim. 6071944 Tex. Crim. App. LEXIS 1056
Summary
The opinion states the case.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Krueger

*608 KRUEGER, Judge.

The conviction is for the possession of whisky for the purpose of sale in a -dry area. The penalty assessed is a fine of $550.00.

There is no evidence in the record to support the av.erments in the complaint and information that a local option election had been held in Taylor County; that said election had resulted in the prohibition of the sale of intoxicating liquor; and that the result had been duly declared and published by the commissioners’ court. In the absence of such proof, the evidence is insufficient to sustain the conviction. See McQueen v. State, 162 S. W. (2d) 703 , and cases there cited.

The judgment of the trial court is reversed and the cause remanded.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1949: 11955: 119492026peak 1949 · 1

Relies on it most ⓘ

  1. Jones v. State225 S.W.2d 190 (Tex. Crim. App. 1949)
  2. Weatherman v. State276 S.W.2d 524 (Tex. Crim. App. 1955)

Most recent

  1. Weatherman v. State276 S.W.2d 524 (Tex. Crim. App. 1955)
  2. Jones v. State225 S.W.2d 190 (Tex. Crim. App. 1949)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
McQueen v. State, 162 S.W.2d 703 (Tex. Crim. App. 1942) 4

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