TaiLexi AI U.S. Case Law

Stanley v. State

L. L. Stanley v. the State

Stanley v. State, 64 S.W. 1051 (Tex. Crim. App. 1901)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Criminal Appeals of Texas · State Highest Courts
Decided
October 30, 1901
Docket
No. 2404.
Judges
Davidson
Citations
64 S.W. 105143 Tex. Crim. 2701901 Tex. Crim. App. LEXIS 129
Headnotes
Local Option—Sale, What Is. The exchange and delivery of a pint of peach brandy by a distiller to a customer for each bushel of peaches furnished by the latter, constituted a sale of the liquor in violation of local option in a prohibited district where the law is in force.
Summary
Appeal from the District Court of Shelby. Tried below before Hon. Tom C. Davis. Appeal from a conviction for violating local option; penalty, a fine of $35.

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

Opinion of the Court — Davidson

DAVIDSON, Presiding Judge.

Appellant was convicted of violating the local option law, and his punishment assessed at a fine of $35.

The facts show that appellant, owner of a distillery, made a trade with prosecuting witness, by which he would exchange a pint of brandy for every bushel of peaches witness would furnish him at his distillery.

The trade was carried out. Prosecuting witness delivered the peaches, and subsequently obtained from appellant fifty-six pints of peach brandy in payment for fifty-six bushels of peaches furnished. The question presented is whether or not this is a.sale under the local option law. We deem it unnecessary to enter into a discussion of this matter, as the question was decided adversely to appellant’s contention in Keaton v. State (Texas Crim. App.), 36 S. W. Rep., 440 . See also Commonwealth v. Clark, 14 Gray, 367 . The facts show an evasion of the local option law, and it would be immaterial that money was not paid. The exchange of any other commodity or goods for liquor, or liquor for goods, would bring it within the operation of the law.

The judgment is affirmed.

Affirmed.

How later courts describe this case

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

1908: 11910: 11912: 11921: 11922: 119082026peak 1908 · 1

Relies on it most ⓘ

  1. State v. Westmoreland107 S.E. 438 (N.C. 1921)
  2. Young v. State243 S.W. 472 (Tex. Crim. App. 1922)
  3. Morris v. State142 S.W. 876 (Tex. Crim. App. 1912)
  4. Coleman v. State111 S.W. 1011 (Tex. Crim. App. 1908)
  5. McLendon v. State124 S.W. 637 (Tex. Crim. App. 1910)

Most recent

  1. Young v. State243 S.W. 472 (Tex. Crim. App. 1922)
  2. State v. Westmoreland107 S.E. 438 (N.C. 1921)
  3. Morris v. State142 S.W. 876 (Tex. Crim. App. 1912)
  4. McLendon v. State124 S.W. 637 (Tex. Crim. App. 1910)
  5. Coleman v. State111 S.W. 1011 (Tex. Crim. App. 1908)

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 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list