McGraw v. Newby

On motion for rehearing, the original opinion is withdrawn and the following opinion is substituted.

This is an appeal from a judgment holding a local option election in the Town of Newton to be a valid election to prohibit the sale of all alcoholic beverages for off-premise consumption only. Trial was before the court and this appeal is submitted upon an agreed statement of facts.

According to the agreed statement of facts, on June 2, 1972, an election was held in Justice Precinct No. 3, Newton County, in which a majority of the voters voted for the legal sale of all alcoholic beverages for…