Ferguson v. State

HAWKINS, JUDGE. —

Conviction is for possessing for the purpose of sale in “dry area” intoxicating liquor, to-wit: whisky; punishment assessed at a fine of $100.00.

In appropriate language it was alleged in the complaint and information that an election had been held in Madison County in December, 1904, which resulted in prohibiting the sale of intoxicating liquor in said county.

Appellant moved to quash the complaint and information because it was not alleged that the local option election mentioned was to determine whether the possession of intoxicating liquor for sale should be prohibited.…