McVicker v. State

HAWKINS, Judge.

Conviction is for selling whisky in dry territory, punishment being by fine of one hundred dollars.

It was alleged by proper averments in the complaint and information that Somervell County was dry area as a result of an election held in September, 1906; that appellant in said county sold to R. I. Deckert one pint of whisky on or about January 8, 1938. It was further averred that appellant was not the holder of either an industrial or medicinal permit. The State offered no proof upon the negative averments mentioned. Under the present statute it was wholly unnecessary for the…