Elam v. State

DAVIDSON, Presiding Judge.

Appellant was convicted for pursuing the occupation of selling intoxicating liquors in prohibition territory.

The indictment alleges that local option was put into effect in Kaufman County by an election held in 1903, and that thereafter, in 1919, appellant followed the business of selling intoxicants in that county. It is also an admitted fact that another local option election was held in that county in 1906. Appellant’s contention is that the election of 1906 supplanted and took the place of the election of 1903, and that the indictment should have so averred.…