Robinson v. State

• Court: Texas Court of Appeals
• Writing for the Court: Hurt
• Citation: Robinson v. State, 9 S.W. 61, 26 Tex. App. 82 (Tex. App. 1888)
• Decision Date: 29 June 1888
• Parties: ROBINSON v. STATE.

9 S.W. 61

ROBINSON v. STATE.

Court of Appeals of Texas.

June 29, 1888.

Appeal from Wise county court; W. H. BULLOCK, Judge.

J. P. Robinson appeals from a conviction for a violation of the local option law. The penalty assessed was 20 days in the county jail, and a fine of $25.

Graham & McMurray and Patterson & Martin, for appellant. Asst. Atty. Gen. Davidson, for the State.

HURT, J.

This is a conviction for violating the local option law. It appears from the record that the act of selling the liquor was committed on February 6, 1888. The election at which the law was adopted in Wise county was held March 14, 1887. This trial was had April 11, 1888. The act of the legislature amending the local option law took effect March 30, 1887. It will be seen from the above statement that the people of Wise county adopted the law as it stood before the amendments were made by the legislature, and that the offense was committed, and the trial had, after the amendment had been enacted. The court charged the penalty prescribed by the amendment of March 30, 1887. This court, at this term, has held that when the people of a certain locality have adopted the local option law at an election held before the amendment was passed, that such amendment was not intended to and cannot affect the...