Davis v. State

HAWKINS, Judge.

Prosecution was under Art. 688, P. C. (1925) which declares any building where intoxicating liquor is kept, possessed, sold, etc., in violation of law, to be a common nuisance, and provides that whoever maintains such common nuisance shall be punished by confinement in the penitentiary not less than one nor more than five years. Conviction was had and punishment fixed at three years in the penitentiary.

Omitting formal parts, the third count of the indictment (which was the only one submitted) alleged that appellant did maintain a common nuisance, in this, to-wit: “that he did…