Burks v. State

DAVIDSON, Presiding Judge.

This conviction was for violating the local option law. The indictment is the same substantially as that in the Hode Carnes case, 50 Texas Crim. Rep., 282, 17 Texas Ct. Rep., 526, and is, therefore vicious. This is conceded by the State.

Another question arises in the record, a decision of which is urged in view of the fact that there are other cases pending involving that question. It grows -out of the action of the commissioners court in regard to the first election held in precinct No. 3, under which this case arose, and under which the other cases are pending, and…