State v. Gatlin

Defendant was prosecuted and convicted on an information by the prosecuting attorney of Daviess county, for selling intoxicating liquors contrary to the provisions of the Local Option Law, alleged to have been adopted by that county. He duly appealed to this court.

The defense is based on the ground that the Local Option Law had not been legally adopted, in that notice of the election had not been given as required by the statute authorizing a vote on the question whether intoxicating liquors could be sold in that county. The .statute (sec. 3029, R. S. 1899) which directs a notice of the…