Patton v. State

DAVIDSON, Judge.

Selling whisky in a dry area is the offense, with punishment assessed at a fine of $250.

The information charged that appellant sold a pint of whisky in Precinct Number 4 of Lipscomb County and that said precinct was a dry area because the sale of beer containing alcohol not exceeding 4% by weight had been prohibited therein by local option election.

The information did not allege whether Precinct Number 4 was a justice precinct or a commissioners’ precinct. This should have been alleged as a necessary description of the area involved.

The evidence fails to support the allegation…