No. 273.

193 U.S. 504 (1904)


Supreme Court of United States.

Decided March 21, 1904.

Attorney(s) appearing for the Case

Mr. Geo. Clark, with whom Mr. D.C. Bollinger, Mr. Francis M. Etheridge and Mr. Rhodes S. Baker were on the brief, for plaintiff in error.

Mr. C.K. Bell, Attorney General of the State of Texas, with whom Mr. T.S. Reese was on the brief, for defendant in error.

MR. JUSTICE HOLMES delivered the opinion of the court.

The plaintiff in error was convicted of selling intoxicating liquors contrary to vote of his precinct prohibiting such sale. This vote was in pursuance of a statute which the plaintiff in error alleges to be contrary to the Fourteenth Amendment of the Constitution of the United States. The question was raised at the outset by a motion to quash, which was overruled subject...

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