129 S.W. 144 | Tex. Crim. App. | 1910
This is an appeal from a conviction for pursuing the business and occupation of selling intoxicating liquors in local option territory and the penalty assessed at five years confinement in the penitentiary.
The indictment in this case charges that the appellant on the 11th day of September, A.D. 1909, and anterior to the presentment of this indictment in the said county of Nacogdoches and State *501
of Texas, "did then and there engage in and pursue the occupation and business of selling intoxicating liquors, against the peace and dignity of the State," after an election had been held and it was determined that the sale of intoxicating liquors should be prohibited in said Nacogdoches County. The appellant filed a motion in arrest of judgment on the ground that the bill of indictment failed to allege a violation of law in that it failed to state that the defendant unlawfully engaged in the occupation and business and failed to charge that the same was not permitted by law in Nacogdoches County, and because the indictment failed to negative the right to pursue the business in Nacogdoches County. We are of opinion that the bill of indictment is fatally defective in failing to charge that any sales were made, in failing to set out to whom the sales were made, or the time of the sales, and also in failing to state that the business was not permitted by law. In the case of Keith v. State,
The indictment being fatally defective, the case is reversed and dismissed.
Reversed and dismissed.