Henceforth, absent some special issue as to the existence of local option, the trial court will take judicial notice of the county's status in this respect. It follows that Patterson v. Commonwealth, Ky., 411 S.W.2d 940; Ramsey v. Commonwealth, 314 Ky. 702, 236 S.W.2d 930; Click v. Commonwealth, Ky., 247 S.W.2d 371; and cases of like import are overruled to the extent they may be in conflict herewith. The motion for appeal is overruled.

Such an omission is fatal on a motion for directed verdict, which motion was made in Mrs. Patterson's behalf both at the close of the Commonwealth's case and at the close of all the evidence and was overruled. Ramsey v. Commonwealth, 314 Ky. 702, 236 S.W.2d 930 (1951); Click v. Commonwealth, Ky., 247 S.W.2d 371 (1952). In Click v. Commonwealth, Ky., 247 S.W.2d 371 (1952), it was stipulated in the trial proceeding that the appellant twice before had been convicted of a similar offense, and in answer to the Commonwealth's contention that the stipulation was sufficient proof that Floyd County was dry territory this court said:

We have many times held that a warrant of arrest or an indictment setting forth an infringement of the local option law must specifically aver that the offense was committed in dry territory. See Farmer v. Commonwealth, Ky., 259 S.W.2d 73; Commonwealth for Use and Benefit of City of Paintsville v. Melvin, Ky., 256 S.W.2d 513; Ramsey v. Commonwealth, 314 Ky. 702, 236 S.W.2d 930; Burton v. Commonwealth, 274 Ky. 655, 120 S.W.2d 213. Nor do we believe the defect was cured by merely noting "In Local Option Territory" in the title of the indictment.

In order to invoke any of the punitive provisions of the local option law the indictment must aver that the local option law was violated. Courts will not take judicial knowledge that a county or district has adopted local option. Eagle v. Burks, 304 Ky. 617, 201 S.W.2d 890. An indictment which fails to allege the sale was made in dry territory, or without license, charges no public offense, and such indictment is fatally defective, as has been held in Sipple v. Commonwealth, 300 Ky. 725, 190 S.W.2d 354; Ramsey v. Commonwealth, 314 Ky. 702, 236 S.W.2d 930; Burton v. Commonwealth, 274 Ky. 655, 120 S.W.2d 213. It is fair to say that counsel for the Commonwealth admit the insufficiency of the indictment, and make no criticism of the cases above cited.

We have recently held that this is a fatal deficiency. Ramsey v. Commonwealth, 314 Ky. 702, 236 S.W.2d 930. The Commonwealth argues that a stipulation in the case to the effect that appellant had twice before been convicted of a similar offense was proof that the place in question was in dry territory.