Hebert v. State

Hawkins, Judge.

Conviction is for possessing for the purpose of sale in dry territory malt liquor containing more than one-half of one per cent, of alcohol by volume, punishment being a fine of five hundred dollars and six months in the county jail.

It was alleged in the complaint and information that appellant possessed the liquor for sale in Nacogdoches County, which was alleged to be dry territory by virtue of an election held in said county in 1906 which resulted in prohibiting the sale of intoxicating liquor therein.

The point is made that the result of the election mentioned prohibited the…