Patton v. Texas Liquor Control Board

GRAY, Justice.

I respectfully dissent from the holding of the majority in this cause.

The opinion of the majority treats the election held on December 10, 1935, as void and of no effect. Assuming this to be correct and that its result need not be noticed then in my opinion Sec. 40a of Art. 666, Vernon’s Ann.P.C. quoted by the majority *103compels the conclusion that the county judge upon hearing the application “had lawful reason for denying the application.” Art. 667-6(c), Vernon’s Ann.P.C.

In its present wording Sec. 40a of Art. 666 supra stands as a bar to the granting of appellant’s application…