Allen v. State

Krueger, Judge.

The offense is unlawful possession of intoxicating liquor in dry area for purpose of sale. The punishment assessed is confinement in the county jail for a term of thirty days and a fine of $100.00.

We need consider only the sufficiency of the evidence to support the conviction. The facts as disclosed by the record fail to show that McCulloch County is dry area as charged in the information. Consequently the conviction cannot stand.

The State has undertaken to supplement the statement of facts by two ex parte affidavits to the effect that appellant’s attorney agreed that McCulloch…