Hilliard v. State

Court: Court of Criminal Appeals of Texas
Date filed: 1948-02-11
Citations: 151 Tex. Crim. 398, 208 S.W.2d 378, 1948 Tex. Crim. App. LEXIS 1035
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Lead Opinion
DAVIDSON, Judge.

The conviction is for the unlawful transportation of whiskyin a dry area; the punishment, a fine of $100.00.

The information is fatally defective in failing to allege the constituent elements necessary to constitute Andrews County a dry area — that is, that an election was held and that the returns were canvassed, the result declared, and publication made of that result. See: Alexander v. State, 132 Tex. Cr. R. 1, 102 S. W. (2d) 209; Gallagher v. State, 142 Tex. R. 133, 151 S. W. (2d) 819; Brown v. State, 135 Tex. Cr. 3, 117 S. W. (2d) 107.

The judgment is reversed and the prosecution ordered dismissed.

Opinion approved by the Court.