Stephens v. State

• Court: Texas Court of Criminal Appeals
• Writing for the Court: Brooks
• Citation: Stephens v. State, 85 S.W. 797, 12 Tex. Ct. Rep. 443 (Tex. Crim. App. 1905)
• Decision Date: 22 February 1905
• Parties: STEPHENS v. STATE.

Page 797

85 S.W. 797

STEPHENS v. STATE.

Court of Criminal Appeals of Texas.

February 22, 1905.

Appeal from Hall County Court; J. F. Bradley, Judge.

Bob Stephens was convicted of giving liquor to a minor, and appeals. Affirmed.

Howard Martin, Asst. Atty. Gen., for the State.

BROOKS, J.

Appellant was convicted of giving liquor to a minor in a local option territory, and his punishment assessed at a fine of $25.

The undisputed testimony shows that the local option law was in force in Hall county at the time of the gift. Appellant insists that the law prohibiting the sale of intoxicants to minors had been suspended in said county by reason of the adoption of the local option law. This contention seems to be supported by Atkinson v. State, 79 S. W. 31, 9 Tex. Ct. Rep. 756, so far as the sale of intoxicants to minors is concerned. But we take it that the law prohibiting the giving of intoxicants to minors has not been suspended; nor is it inconsistent with the local option law. This court has held that it is unconstitutional for the Legislature to authorize the inhibition of the gift...