Cleveland v. State

HABPEB, Judge.

Appellant was convicted of selling intoxicating liquors in prohibition territory and his punishment assessed at one year confinement in the State penitentiary.

The most serious question in the ease is presented in a motion to quash the indictment, on the ground that the indictment alleged “and thereupon the Commissioners Court of said Bell County, Texas, did pass and publish an order declaring the result of said election and prohibiting the sale of intoxicating liquors,” the contention being that the indictment should have alleged that the publication was made by order of the…