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16 Tex. Ct. App. 53

J. T. Mulkey v. State

Court of Appeals of Texas

Decided April 26, 1884

Court of Appeals of Texas · decided 1884-04-26

Tried below before the Hon. T. C. Goodner, County Judge. The conviction was for the violation of the “Local Option” law. A fine of twenty-five dollars was assessed as punishment.

Decided 1884-04-26

Willson, Judge.

¶1Appellants appeal from a conviction obtained against them in May, 1883, upon a charge of violating the “Local Option” law in precinct number four, of Collin county.

¶2Since the conviction, in September, 1883, the voters of that precinct, at an election held in accordance with law, determined against prohibition in said precinct, and in accordance with such determination the commissioners’ court of said county declared in due form that the provisions of the Local Option law were no longer in force in said precinct.

¶3Such being the present condition of this case, the judgment must be reversed and the prosecution dismissed, because there is no longer any law in force by authority of which the judgment could be enforced. (Freeze and Jones v. The State, 14 Texas Ct. App., 31; Prather v. The State, Id., 453.)

¶4Reversed and dismissed.

¶5Opinion delivered April 26, 1884.

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