Ex Parte Turner

HAWKINS, Judge.

Relator was arrested upon a charge of operating a coin vending machine for selling cigarettes without having paid the occupation tax provided for in chapter 212, Acts Regular Session, 42nd Legislature, page 355. The prosecution was lodged under the provisions of subdivision 23 of the act in question. By habeas corpus proceeding before the Honorable David McGee, judge of the county court at law No. 1 of Tarrant county, Texas, relator sought release from arrest, attacking subdivision 23 of the act in question on the ground that it violated section 35, of article 3 of the •…