Hardy v. State

MORRISON, Presiding Judge.

The offense is the sale of whisky in a dry area, with a prior conviction alleged to enhance the punishment; the punishment, 30 days in jail and a fine of $500.00.

Our state’s attorney confesses error herein because of the failure of the evidence to establish that the sale alleged was made in the area proved to be dry. In this, he is correct. The local option liquor law is a special law and not effective in political subdivisions unless it has been adopted by a vote of the people. In violations of law adopted by local option elections, the locus of the offense is an…