Cox v. State

ON MOTION FOR REHEARING

BELCHER, Judge.

Appellant, in his motion for rehearing, again contends that the court erred in refusing to quash the complaint and infor*166mation because they failed to allege that an election was held under and by virtue of an order of the commissioners’ court to determine whether the sale of intoxicating liquor should be prohibited in Kaufman County.

The questioned portion of the state’s pleading is set out in our original opinion in this case.

Appellant’s contention here presented was urged as error in Carpenter v. State, 138 Texas Cr. R. 354, 135 S.W. 2d 1002, where we…