Smith v. State

It was held in The State v. Perry, 44 Texas, 100, and also in The State v. Smith, 35 Texas, 132, and in May v. The State, 35 Texas, 650, that art. 423e of the original Penal Code (Pasc. Dig., art. 2076) was not repealed by the subsequent act of October 27, 1866 (Laws 1866, chap. 70), nor by subsequent legislation, but remained in force, and that prosecutions could be sustained for a violation of its provisions. This article forbade the sale of liquor in quantities of a quart or more and permitting it to be drunk upon the premises where sold, and is the offence for which the. appellant in this…