Tackett v. State

The offense is the sale of intoxicating liquor in a dry area; the punishment, 30 days in jail and a fine of $200.00.

Our able state’s attorney does not seek an affirmance of this conviction because of the insufficiency of the evidence to support the allegation that the place where the sale was made was in a dry area. We agree that his analysis of the record is correct.

In order to support the allegation as to the dry status of the area, the state relied alone upon an order canvassing the returns and declaring the results of the prohibition election. This alone is not sufficient. In Hardy v.…