Leach v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Jack. Tried below before Hon. E. W. Hicholsow, County Judge. This appeal is from a conviction for violation of local option, the punishment assessed being a fine of $25 and twenty days’ imprisonment in the county jail. The Assistant Attorney-General moved to dismiss the appeal, because the recognizance was fatally defective. Ho statement necessary. ’
1Opinion of the Court
DAVIDSON, Judge.
Conviction for a violation of what is known as the “local option law.” The recognizance recites that the appellant stands charged “with the offense of selling intoxicating liquor in a prohibited district.” The charge, as recited in the recognizance, is fatally defective in not stating that the sale of liquor was inhibited in territory in which the sale of intoxicating liquors has been prohibited, etc. It is not a violation of law to sell liquor in a “prohibited district.” In order to constitute a violation of a local option law, the sale of liquor must occur either in the…
2Cited by1 opinion
- Parish v. StateCourt of Criminal Appeals of Texas · 1904