39 S.W. 662 | Tex. Crim. App. | 1897
Appellant was convicted of violating the local option law in a subdivision of said county, and his punishment assessed at a fine of $25 and twenty days' imprisonment in the county jail; hence this appeal. While the court ought to have quashed the second count in the indictment, yet the failure to do so was not error. The first count was good as charging a sale, and the conviction will be referred *273
to that count. Appellant also excepted to the indictment because it alleged a violation of the local option law in a subdivision; and he insists that no punishment is affixed to the act with reference to subdivisions, and that for the punishment no reference can be had from the Act of 1893 to preceding acts for punishment, before any such subdivisions were authorized. The contention has been settled by this court adversely to the appellant. See, Ex parte Segars,
Affirmed.