Hail v. State

85 S.W. 14, 48 Tex. Crim. 514, 1905 Tex. Crim. App. LEXIS 245

Opinion

BROOKS, Judge.

was prosecuted in the county court, under an indictment charging him with pursuing the occupation of selling malt liquors without having procured a license. The occupation being taxed $50 by the State and $25 by the county. The record shows that if the occupation was followed at all, it was in a precinct where local option prevailed. There is no statute authorizing a license for the occupation of selling malt liquors in a local option precinct. The license is for selling intoxicating liquors in a local option district, and the .State tax thereon is not less than $200. It follows, therefore, that appellant was not prosecuted for any offense known to the law. The judgment is accordingly reversed and the prosecution ordered dismissed.

Reversed and dismissed.