State v. Tullar

— Defendant and W. H. Edwards who,ms partners, were conducting a drug store in Caldwell county were indicted for a violation of section 3047, Revised Statutes 1899. Edwards died before trial and the prosecution was continued against defendant alone. The trial resulted in a conviction and the cause is here on the appeal of defendant.

The alleged offense was committed in October, 1907, and defendant was indicted December 4th of that year. After the offense, but before the trial, a “local option” election was held in Caldwell county and the vote was in favor of prohibition. It is conceded the…