State v. Bryant

McGHEE, Justice.

The appellant was convicted on a charge of possessing alcoholic liquors in the City of Clovis for the purpose of sale without having a liquor license.

On December 5, 1945, a local option election was held in Clovis on the question of allowing the sale of liquors in package stores and a majority of the votes cast were in the negative. It was stipulated at the trial that such local option election was in effect and determinative at the date of the commission of the offense. This action effectively prevented the issuance of a license to sell alcoholic liquors in that city.

The only…