Legal Opinion

Hardy v. State

Court of Criminal Appeals of Texas

Decided January 29, 1908No. 4223PublishedCited by 12 opinions

The record shows that the local option election was adopted on the 8th day of March, 1906; that defendant was charged for a violation thereof, on March 12, 1907; that the complaint was made and the information filed thereon on the 29th day of July, 1907, and that defendant was convicted on the 30th day of November, 1907; that said county court convened on the 18th day of November, 1907, and adjourned on the 7th day of December, 1907. The act providing for election contests…

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The record shows that the local option election was adopted on the 8th day of March, 1906; that defendant was charged for a violation thereof, on March 12, 1907; that the complaint was made and the information filed thereon on the 29th day of July, 1907, and that defendant was convicted on the 30th day of November, 1907; that said county court convened on the 18th day of November, 1907, and adjourned on the 7th day of December, 1907. The act providing for election contests arising under local option laws was approved May 14, 1907, and took effect ninety days after adjournment. The Legislature…

1Opinion of the Court

BROOKS, Judge.

Appellant was convicted of violating the local option law.

We find two bills of exception in the record. The first bill relates to the introduction by the State of the order of the commissioners court ordering an election, the contention of appellant being that there was a variance in said order to the charge alleged in the bill of information; the information charging that the order made by the commissioners court ordering an election for the purpose of determining whether or not the sale of intoxicating liquors should be prohibited in said county; whereas, the order introduced…

2Cited by12 opinions

  1. Coffey v. StateCourt of Criminal Appeals of Texas · 1917
  2. Crawford v. MaplesCourt of Appeals of Texas · 1938
  3. Ex Parte McGuireCourt of Criminal Appeals of Texas · 1909
  4. Alexander v. StateCourt of Criminal Appeals of Texas · 1908
  5. Stockard v. ReidCourt of Appeals of Texas · 1909

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