Head v. State

HARPER, Judge.

Appellant was prosecuted under a complaint and information charging him with violating the local option law. The complaint and information allege the sale to have been made on the 29th day of September, 1909, but in the complaint and information it is not alleged when prohibition was adopted in the territory described in the complaint and information, the allegation being, that said sale had been made “after an election had been held in said territory,” etc.

When the case was called for trial, appellant filed the following plea to the jurisdiction:

“Comes now the defendant, and…