Smitham v. State

Appellant was convicted of violating the local option law.

Among other things, it is insisted the complaint and information are insufficient, in that they fail to allege proper publication of the result of the election, and the pleading alleged, "Thereupon the commissioners court of said county did pass and publish an order declaring the result of said election and prohibiting the sale of intoxicating liquors," etc. In the case of Carnes v. State, 50 Tex.Crim. Rep.; 17 Texas Ct. Rep. 526, this allegation was held bad. This case has been followed as being correct inasmuch as the law requires…