Opinion
No. 18929.
Delivered June 2, 1937.
Intoxicating Liquor — Information.
Count of information, under which conviction was obtained, which failed to allege the steps by which the sale of liquor was prohibited, namely, that an election was held in the county and that the result thereof was such as to prohibit the act complained of, was insufficient to sustain conviction for unlawful sale of intoxicating liquor thereunder.
Appeal from the County Court of Hall County. Tried below before the Hon. J. H. Vallance, Judge.
Appeal from conviction for the unlawful sale of intoxicating liquor; penalty, fine of $100.
Reversed, and prosecution ordered dismissed.
The opinion states the case.
Sam J. Hamilton, of Memphis, and Mahan Broughton, of Childress, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The conviction is for the unlawful sale of intoxicating liquor; penalty assessed at a fine of $100.00.
The count of the information under which the conviction was obtained is insufficient in failing to allege the steps by which the sale of liquor was prohibited; namely, that an election was held in the county and that the result thereof was such as to prohibit the act complained of. See Whitmire v. State, 94 S.W.2d 742; Kelly v. State, 98 S.W.2d 998; Privitt v. State, 98 S.W.2d 204; Hardin v. State, 101 S.W.2d 264.
For the reason stated, the judgment is reversed and the prosecution ordered dismissed.
Reversed and prosecution ordered dismissed.