Hamilton v. State

ON REHEARING.

March 20, 1912.

HARPER, Judge.

This case was affirmed at a former day of this term in an opinion by Judge Prendergast, and as one of the questions arising in- this case was discussed by the writer in an opinion in the case of Head v. State, 64 Texas Crim. Rep., 112, 141 S. W. Rep., 537, the record in the case was handed to him for further investigation on this question. In that case we held that if an indictment or information alleged a sale. of intoxicating liquors was made in territory where prohibition had been adopted subsequent to the Act of the Legislature making it a felony…