Opinion
No. 18330.
Delivered May 20, 1936.
Intoxicating Liquor — "Local Option Laws" — Complaint and Information.
Complaint and information charging defendant with sale of whisky in dry area in named county held insufficient to allege violation of the law. Following Whitemire v. State (reported on page 372 of this volume).
Appeal from the County Court of Hill County. Tried below before the Hon. Perry Shipley, Judge.
Appeal from conviction for violation of the "Local Option Law"; penalty, confinement in county jail for ninety days.
Reversed, and prosecution ordered dismissed under present complaint and information.
The opinion states the case.
Stollenwerck Stollenwerck, of Hillsboro, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Conviction is for violation of the so-called "local option law," punishment assessed being confinement in the county jail for 90 days.
It is averred in the complaint and information that appellant sold whisky "in a dry area, to-wit: Hill County, Texas." Said averment is insufficient to allege a violation of the law. See opinion this day delivered in No. 18,329, J. H. Whitmire v. State. (Reported on page 372 of this volume).
The judgment is reversed and the prosecution ordered dismissed under the present complaint and information.
Reversed and prosecution ordered dismissed.