Stewart v. State

The appellant was convicted in the court of a justice of the peace on an affidavit charging him with the unlawful •possession of intoxicating liquor, and on appeal to the court below was again convicted, from which he has appealed to this court.

The prosecution is based on section 1974, Code 1930, which section, the appellant says, was repealed by chapter 173, Laws 1934,rnnd which permits intoxicating liquor to be sold under certain conditions and restrictions in any county which may elect to come thereunder by a majority vote of the qualified electors therein. Section 12 of the statute…