Howard v. State

In special ground one it is contended that “the court committed error in charging the jury as follows: ‘Gentlemen, in any business where beer or malt beverages may be retailed, our law provides that if such business is located outside of a municipality, the governing authority of such county, wherein such business is located, is authorized to fix an annual license fee.’

“Movant avers that such charge was erroneous and injurious to him because: (a) That there was and is no evidence on which to base said charge as there is no evidence as to whether the home of the accused—the same being the…