Williams v. State

• Court: Texas Court of Criminal Appeals
• Writing for the Court: Davidson
• Citation: Williams v. State, 77 S.W. 783 (Tex. Crim. App. 1903)
• Decision Date: 09 December 1903
• Parties: WILLIAMS v. STATE.

Page 783

77 S.W. 783

WILLIAMS v. STATE.

Court of Criminal Appeals of Texas.

December 9, 1903.

Appeal from Smith County Court; S. A. Lindsey, Judge.

Dr. J. W. Williams was convicted of a violation of the local option law, and appeals. Reversed.

N. A. Gentry, for appellant. Howard Martin, Asst. Atty. Gen., for the State.

DAVIDSON, P. J.

Appellant was indicted and convicted as a physician for giving an illegal prescription for intoxicating liquor in a local option territory, and his punishment assessed at a fine of $25 and imprisonment in the county jail for 20 days. The indictment is a reproduction of that in Stephens v. State, 73 S. W. 1056, 7 Tex. Ct. Rep. 970. We there held that the physician could not be subjected to punishment for simply giving a prescription. In order to hold a physician responsible under the local option law, there must be an illegal sale, brought about by virtue of his act. For a discussion of the...