Hardy v. State

MORRISON, Presiding Judge.

The offense is transportation of whisky in a dry area; the punishment, 6 months in jail and a fine of $500.00.

In view of our disposition of this cause, a recitation of the facts is not deemed necessary.

An examination of the statement of facts reveals that the state wholly failed to establish that the order of the commissioners’ court declaring the result of the prohibition election was ever published as required by law.

Recently, in Bell v. State, 156 Texas Cr. R. 440, 243 S.W. 2d 585, we had this to say on the identical point here presented:

“Such failure resulted in…