Robertson v. State

Citations

• 12 Tex. Ct. App. 541

Syllabus

<p>1. Local Option Law — Selling Liquor.— When prohibition has been declared in accordance with the Local Option Law, it operates a revocation of all licenses for the sale of intoxicating liquors within that locality, and a subsequent sale of such liquor therein, though made under an unexpired license granted before the prohibition, is a violation of the Local Option Law. (Hurt, J., dissents.)</p> <p>3. Same — Repeal.— Section 3 of the act adopting the Revised Codes operated a repeal of section 5 of the original Local Option Act of 1876, and the act of 1879 purporting to amend the latter act was nugatory by reason of the repeal of said act of 1876.</p> <p>•3. Same—Penalty.—The punishment for a violation of the Local Option Law is by fine only, as prescribed by article 378 of the Revised Penal Code. The act of 1879, which purported to authorize the penalty of imprisonment, is not in force.</p> <p>4. Repeal.— An enactment which purports merely to amend a repealed act is of no effect.</p>