Ewing v. State

ON appellant’s motion for rehearing

WOODLEY, Judge.

All former opinions are withdrawn and the following substituted therefor.

The conviction is for transporting whisky in a dry area; the punishment, 30 days in jail and a fine of $500.

The information not only alleged the transportation of whisky in a dry area, but alleged that appellant transported said whisky in a “2 door” automobile.

The evidence does not support the allegation that the automobile appellant used was a “2 door.”

Having alleged the transportation of whisky in a dry area, it was not necessary that the information allege that it was…