Hutchins v. State

OPINION

ONION, Judge.

The offense is Operating an Open Saloon; the punishment, a fine of $100 and court costs.

The trial was before the court without the intervention of a jury.

Initially, appellant makes a two-pronged attack upon the sufficiency of the allegations of the information to show a violation of Article 666-3 Vernon’s Ann.P.C., contending that the court erred in overruling his motion to set aside such information.

Omitting the formal parts, the material portion of the information reads as follows :

“ * * * that in the County of Lubbock, in the State of Texas, on or about the 19th day of…