Gallagher v. State

*138ON MOTION FOR REHEARING.

HAWKINS, Presiding Judge.

For the first time in the motion for rehearing our attention is called to a fatal defect in the information.

It is alleged that an election was held in Fisher County in November, 1902, under order of the Commissioners Court to determine whether the sale of intoxicating liquor should be prohibited in said county; that the Commissioners Court had canvassed the returns of said election and entered an order declaring the result to be in favor of prohibiting such sale, but there is a failure in the information to allege the publication of said order.…