Robinson v. State

Citations

• 26 Tex. Ct. App. 82
• 9 S.W. 61
• 1888 Tex. Crim. App. LEXIS 156

Syllabus

<p>Local Option Law—Penalty—Charge op the Ootjht—Case Ap proved.—See the opinion for an approval of the ruling of this court in Dawson’s case, 25 Texas Court of Appeals, 670, to the effect that the act of March 30, 1887, amendatory of the local option law, can not affect those localities wherein the law was in operation at the time of the adoption of the said amendment, and that it can affect only those localities wherein the local option law was adopted subsequent to the date at which the said amendment took effect. This conviction was had in W. county, wherein the local option law was in force prior to tbe adoption of the amendatory act of March 30, 1887, notwithstanding which the trial court gave in charge to the jury the penalty prescribed by the said amendatory act, instead of that prescribed by the general law. Held, error.</p>