Benward v. State

INZER, Justice:

The question to be decided in this case is whether it is essential that an affidavit or indictment for a violation of the Local Option Alcoholic Beverage Control Law aver facts showing that the offense was committed in a county or locality where such law was in effect. We hold that it is essential.

Appellant J. T. Benward was convicted in the County Court of Jackson County for the sale of one-half pint of whiskey in violation of the Local Option Alcoholic Beverage Control Law. He was sentenced to pay a fine of $250 and to serve three months in the county jail. The jail sentence…