Taylor v. State
This text of 243 S.W.2d 582 (Taylor v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ON STATE’S MOTION FOR REHEARING
On the original submission we reversed the conviction and ordered the prosecution dismissed because we thought we had detected a fatal defect in the information. This was based upon the absence of an allegation therein that the clerk of the district court of Leon County had published the judgment of said court in prohibition election contest case which determined the dry status of the area involved.
This holding was predicated upon numerous authorities holding the act of publication by the commissioners’ court of the results of a prohibition election to be a requisite allegation in an information charging liquor law violations.
Our attention is now called to Bickers v. Lacy, (Texas Civ. App.) 134 S.W. 763, and Brooks v. State, 138 Tex. Cr. R. 526, 137 S.W. (2d) 768, both of which hold that the judgment of a district court in a prohibition election contest is itself notice to the world, and further call attention to the fact that there is no statutory requirement that the same be published.
Finding ourselves in error in the original opinion the same is now withdrawn. The state’s motion for rehearing is granted, and the judgment is affirmed.
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Cite This Page — Counsel Stack
243 S.W.2d 582, 156 Tex. Crim. 452, 1951 Tex. Crim. App. LEXIS 1637, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-state-texcrimapp-1951.