Phariss v. State

Christian, Judge.

The offense is selling whisky in a dry area the punishment, a fine of $100.00.

There is no proof in the record in support of the averments in the complaint and information that McCulloch County is a dry area. The conviction cannot stand with the record in such condition. Cunningham v. State, 102 S. W. (2d) 413. We are not authorized to consider the affidavits filed in this court to the effect that McCulloch County is a dry area.

With permission of the court the county attorney amended the complaint by interlining certain phrases. Such action invalidated the complaint. We quote…