Schwulst v. State

DAVIDSON, Presiding Judge.

Appellant was convicted under article 406 of the Penal Code for selling intoxicants in local option territory in a blind tiger. One of the questions raised is the sufficiency of the indictment, which we deem unnecessary to discuss specifically.

We think the statute defining and prohibiting the sale of liquor by means of a blind tiger is not violative of a constitutional provision, and it is within the power of the Legislature to prohibit sales of intoxicants in this manner, and prescribe a higher punishment for this character of sale than is provided against other…