Ninenger v. State

Citations

• 25 Tex. Ct. App. 449
• 8 S.W. 480
• 1888 Tex. Crim. App. LEXIS 80

Syllabus

<p>Local Option Law—Information.—If an election under the local option law, and the prohibition declared thereunder, embraced the exchange as well as the sale of intoxicating liquors, such election and the order declaring prohibition were without authority of law, and could not have the effect of calling the local option law into operation. Information, therefore, which charges that the sale and exchange of intoxicating liquors were embraced in the election is fatally defective. Its obnoxious allegation is descriptive of the offense, and therefore can not be eliminated as surplusage.</p>