Lawhon v. State
| Decision Date | 10 October 1888 |
| Citation | 9 S.W. 355 |
| Parties | LAWHON <I>v.</I> STATE. |
| Court | Texas Court of Appeals |
Appeal from Cherokee county court; M. J. WHITMAN, Judge.
John Lawhon was indicted for a violation of the local option law. There was a conviction, and defendant appealed.
Asst. Atty. Gen. Davidson, for the State.
This conviction is for a violation of the local option law. The indictment was filed January 13, 1888, and it alleged that the offense was committed on December 28, 1887. The local option law was adopted by the voters of the precinct at an election held in March, 1886. The court below, trying the case without a jury, assessed the punishment under the provisions of the act of the legislature, approved March 30, 1887, amending the local option law, and making the punishment more onerous. This was error. In Robinson's Case, ante, 61, (Austin term, 1888,) this court held that, when the people of a certain locality have adopted the local option law, at an election held before the amendment was enacted, such amendment does not affect the law as it existed in such locality prior to the amendment; and that the amendment will only operate in such localities as, since its passage, may, by election, adopt its provisions. Dawson's Case, 25 Tex. App. 670, 8 S. W. Rep. 820. The judgment is reversed, and the cause remanded for a new trial under the old law.
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