Payne v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of violating the local option law, his punishment being assessed at a fine of $25 and twenty days imprisonment in the county jail.

There was a motion made to quash the indictment on the ground that the Act of the Twenty-ninth Legislature elevating the punishment from a misdemeanor to a felony for violating the local option law repealed the local option law as it then existed, and that the punishment prescribed by the last Act of the Legislature took the place of and superseded the punishment for such violations as misdemeanors. The same…