Campbell v. State (102 S.W.2d 215, 1937)

MORROW, Presiding Judge.

The offense is the unlawful sale of whisky in a dry area; penalty assessed at a fine of $100.

It is charged in the information that the appellant unlawfully sold whisky in Brown county, the said county “being then and there a dry area.” The mere averment in the information that the alleged offense took place in a dry area is not a sufficient compliance with the law. In the case of Kelly v. State, 98 S.W. (2d) 998, this court set out- the requisites of an information charging the sale of intoxicating liquor in a dry territory. See, also, Shaffer v. State (Tex.Cr.App.) 99 S.W.(2d) 929; Scott v. State (Tex.Cr.App.) 99 S.W.(2d) 920; Privitt v. State (Tex.Cr.App.) 98 S.W.(2d) 204.

For the reason pointed out, the judgment is reversed and the prosecution ordered dismissed.