McClure v. State

MORRISON, Presiding Judge.

The offense is the sale of whiskey in a dry area; the punishment, a fine of $100.00.

The information, upon which the prosecution was predicated, alleged the sale to have been made “on the premises of the Alamo Cafe located at Cleveland and Second Streets, City of Memphis, Texas.” This was clearly an unnecessary allegation and should not have been made.

The rule has long been settled, however, that if the pleader makes unnecessary allegations descriptive of the identity of the offense charged it is incumbent upon the state to establish such allegations by evidence.…