86 S.W. 332 | Tex. Crim. App. | 1905
Conviction for violating the local option law. This is a C.O.D. shipment of whisky from Waco to Hillsboro. The order is the same as that in Novich v. State, just decided. This constituted a sale in Waco, and not at the point of destination. Black on Internal Liquor Law, section 434, subject 2, lays down this proposition: "A licensed dealer who receives at his place of business an order for liquor from a place in which he has no license, and fills it by selecting liquor from his stock and delivering it to an express company or other carrier, to be carried to the purchaser, does not violate the license law, although the carrier agrees to collect and return the price; for the sale is made at the place where the goods are separated from the general stock and delivered to the carrier, such delivery being delivery to the consignee." He cites in support of this, Fleming v. Com., 130 Pa. St., 138; Dunn v. State,
Reversed and remanded.
Henderson, Judge, absent. *83