Rucker v. State

• Citation: 101 S.W. 802
• Parties: RUCKER v. STATE.
• Decision Date: 10 April 1907
• Court: Court of Appeals of Texas. Court of Criminal Appeals of Texas

101 S.W. 802

RUCKER v. STATE.

Court of Criminal Appeals of Texas.

April 10, 1907.

Appeal from Milam County Court; R. B. Pool, Judge.

Jim Rucker was convicted for violating the local option law, and appeals. Reversed.

Chambers & Sharp, for appellant. F. J. McCord, Asst. Atty. Gen., for the State.

HENDERSON, J.

This conviction was for violating the local option law. Under the authority of Carnes v. State, 99 S. W. 98, 17 Tex. Ct. Rep. 526, the information is invalid, in that it alleges the commissioners' court did pass and publish the order putting local option into effect; whereas, it is the duty of the county judge to make this publication.

Accordingly the judgment is reversed, and the prosecution ordered dismissed.