Hilliard v. State

Court of Criminal Appeals of Texas

Hilliard v. State

208 S.W.2d 378, 151 Tex. Crim. 398, 1948 Tex. Crim. App. LEXIS 1035

Court of Criminal Appeals of Texas·Decided February 11, 1948·No. No. 23924·Published·Cited by 3 cases

Opinion

DAVIDSON, Judge.

The conviction is for the unlawful transportation of whiskyin a dry area; the punishment, a fine of $100.00.

The information is fatally defective in failing to allege the constituent elements necessary to constitute Andrews County a dry area — that is, that an election was held and that the returns were canvassed, the result declared, and publication made of that result. See: Alexander v. State, 132 Tex. Cr. R. 1, 102 S. W. (2d) 209; Gallagher v. State, 142 Tex. R. 133, 151 S. W. (2d) 819; Brown v. State, 135 Tex. Cr. 3, 117 S. W. (2d) 107.

The judgment is reversed and the prosecution ordered dismissed.

Opinion approved by the Court.

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DAVIDSON, Judge.

The conviction is for the unlawful transportation of whiskyin a dry area; the punishment, a fine of $100.00.

The information is fatally defective in failing to allege the constituent elements necessary to constitute Andrews County a dry area — that is, that an election was held and that the returns were canvassed, the result declared, and publication made of that result. See: Alexander v. State, 132 Tex. Cr. R. 1, 102 S. W. (2d) 209; Gallagher v. State, 142 Tex. R. 133, 151 S. W. (2d) 819; Brown v. State, 135 Tex. Cr. 3, 117 S. W. (2d) 107.

The judgment is reversed and the prosecution ordered dismissed.

Opinion approved by the Court.

Hilliard v. State, 208 S.W.2d 378, 151 Tex. Crim. 398, 1948 Tex. Crim. App. LEXIS 1035 (Tex. 1948).

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Opinion

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