Simmons v. State

DAVIDSON, Judge.

This is a conviction for possessing beer for the purpose of sale in a dry area, with punishment assessed at a fine of $1,000 and 365 days in jail.

The complaint in alleging the dry status of the county alleged, among other things, that the local option election was held on the 21st day of December, 1940. The information did not follow this allegation but, instead, alleged that the election was held on the 21st day of June, 1952, which was six days prior to the date the offense was alleged to have been committed (June 27, 1952).

It is insisted that the information is fatally…