Cason v. State

Citations

• 37 Fla. 331

Syllabus

<p>■1. Where there has been an election under the local option article of our Constitution of 1885, and legislation in pursuance thereof, with the result adverse to the sale of intoxicating liquors, wines and beer in any county or election district in this State during the period of the operation of the result of such election, all statutes authorizing or licensing the sale of such liquors, wines and beer are suspended.</p> <p>2. To an indictment for engaging in and carrying on the business of a liquor dealer in Lee county, without first having obtained a State license therefor, a special plea in abatement which shows that an election was ordered by “the County Commissioners of Lee county, upon a petition of one-fourth of the qualified electors;” that the purpose of said election was “to determine whether the sale of intoxicating liquors, wines and beer should be prohibited in said county; that said election was duly advertised and held according to the law on the said 19th day of September, 1893, and a majority of all the votes cast at said election having been cast in favor of prohibiting the sale of such liquors in Lee county it was duly declared by the proper officers that the sale of liquors in Lee county should be prohibited,” was not vague and uncertain; but, on the contrary, is'sufficiently definite and certain, and it was error to* sustain a demurrer thereto.</p>