McCarver v. State

GRAVES, Judge.

Appellant was convicted of a violation of the liquor laws of Smith County, and awarded a punishment of one year in the county jail.

It is alleged in the complaint and information that Smith County is a dry area. We find no testimony in the record to show such a status for Smith County. It is necessary that such should have been proven, and be found in the statement of facts, unless such dry status be agreed to therein. We find no such agreement in the record. Such a failure is fatal to the judgment. See Duran v. State, 158 S. W. (2d) 316, and cases there cited.

We think that bill…