Wilcoxson v. State

The offense is possession of whisky in a dry area for the purpose of sale; the punishment, a fine of $100.00.

The complaint and information fail to allege in terms that the commissioners' court had canvassed the returns of the election and declared the result. However, we find an averment therein as follows: "And thereupon the commissioners' court of said county aforesaid did pass an order declaring the result of said election, and prohibiting the sale of intoxicating liquors in said County of Collin." We quote from Branch's Ann. P. C., Sec. 1224, as follows: "It is not necessary to allege in…