Morris v. State

HAWKINS,' Judge.

— Conviction is for selling intoxicating liquor in dry area, punishment assessed being a fine of two hundred and fifty dollars.

The indictment was assailed for not having negatived the provisions in the statute. Reliance was had for such position on Baker v. State, No. 18,666, opinion of date February 17th, 1937. Said opinion sustained appellant’s position, but the State filed a motion for rehearing in said case, and in the opinion on rehearing of date June 2, 1937 (page 527 of this volume), the State’s motion for rehearing was granted, the opinion of reversal was withdrawn and…