Frost v. State

McDonald, judge.

On Appellant’s Motion for Rehearing.

Our prior opinion is withdrawn, and the following substituted.

The offense is the unlawful possession of beer for the purpose of sale in a dry area; the punishment, sixty days in jail.

The appellant attacks, for the first time, the sufficiency of the complaint and information.

The information charged that the beer was possessed by appellant at 3414 Navarro Street in the city of Dallas, a dry area, and that an election had been held in precinct 7, resulting in favor of prohibiting the sale of malt liquor in said precinct; that the commissioners…