Hill v. State

I cannot agree to the affirmance of this conviction and therefore enter my dissent.

The primary offense charged in the information was a violation of a regulatory measure — that is, the sale of intoxicating liquor in a wet area without a license or permit (Art. 666-4, Sec. (a), Vernon’s P.C.)

The act there made unlawful becomes so only by the absence of a permit or license. Hence, the offense created is a regulatory measure, only — that is, the regulating of the sale of liquor where it is lawful to sell.

The prior convictions alleged were for the violation of a prohibitory measure — that is, the…