The State of Texas v. John Horan et al., 25 Supp. Tex. 271

Boberts, J. —This indictment leaves out the allegation that the liquors were retailed “without first having obtained a license therefor.” This question was directly before us at Tyler, at the last term, and we held the indictment insufficient on constitutional grounds. (See case of Hewitt v. The State, 25 Tex., 722.) Following that case, the judgment in this must be Affirmed.