Ferguson v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge. —

The lamented Judge Lattimore had prepared a memoranda opinion on rehearing which relates to one of appellant’s propositions. It had never been taken into consultation but we incorporate it here following:

“Section 23, Art. 1, Texas Liquor Control Act, defines as ‘Dry area as any county, justice precinct, incorporated city or town wherein the sale of intoxicating liquor had been prohibited by valid local option election,’ etc.

“The facts in this case show beyond question that .Madison County, Texas, is and was such dry area. Section 23a of . said article…