Whitmire v. State

HAWKINS, Judge.

Conviction is for possessing whisky for sale in dry territory, punishment assessed being sixty days in jail.

The information averred that appellant possessed whisky for the purpose of sale “in a dry area, to-wit: Hill County, Texas.”

The averment is not sufficient to show a violation of the law, in that it fails to allege that an election was held and that the result thereof was such as to prohibit the act complained of. By recent Constitutional Amendments and statutory enactments thereunder practically the status of what was formerly called the “local option” law has been…