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25 Tex. Ct. App. 556

Croom v. State

Court of Appeals of Texas

Decided June 6, 1888

Court of Appeals of Texas · decided 1888-06-06

Tried below before the Hon. E. E. Hendry, County Judge. The conviction in this case was for a violation of the local option law, and the penalty imposed was a fine of twenty-five dollars.

Decided 1888-06-06

White, Presiding Judge.

¶1This prosecution was for the sale of intoxicating liquor in violation of the local option law. The indictment follows literally form number 2517, Willson’s Criminal Forms, page 122, and charges that the sale was made “after the qualified voters of said county had determined at an election held in accordance with the laws of said State that the sale or exchange of intoxicating liquors should be prohibited,” etc.

¶2In Ninenger v. The State, ante, page 449, it was held that an information charging said offense in this manner was fatally defective. For the reasons for so holding, we rtefer to the opinion in that case.

¶3Because the indictment in this case is fatally defective, the judgment is reversed and the prosecution clismissed.

¶4Reversed and dismissed.

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