MacKey v. State

PRENDERGAST, Judge.

Appellant appeals from a conviction for pursuing' the business of selling intoxicating liquors in Denton County, where prohibition was in force.

The only question is the sufficiency of the indictment. Appellant made a motion to quash it on several grounds. It alleges that prohibition was carried in September, 1902, upon proper election, and that the Commissioners Court so declared and entered an order as prescribed by statute, which was duly published. Appellant contends that because that election was held, carried, etc., prior to the time the Legislature made it an offense…