Rose v. State

The indictment under which the plaintiff in error was tried and convicted was founded on section 446 of the Penal Code, which reads as follows: “Any person who shall sell, give, or furnish spirituous, intoxicating, or malt liquors to any person, in any quantity, within two miles of any election precinct, on days of election, either State, county, municipal, or primary elections, or elections held under the local option liquor law, shall be guilty of a misdemeanor.” The two questions presented for our consideration are: First, do the words “days of election,” as they appear in the statute,…