Taylor v. State

ON STATE’S MOTION FOR REHEARING

MORRISON, Judge.

On the original submission we reversed the conviction and ordered the prosecution dismissed because we thought we had detected a fatal defect in the information. This was based upon the absence of an allegation therein that the clerk of the district court of Leon County had published the judgment of said court in prohibition election contest case which determined the dry status of the area involved.

This holding was predicated upon numerous authorities holding the act of publication by the commissioners’ court of the results of a prohibition…