Conviction is for a violation of the local option law, punishment being assessed at one day in jail and by a fine of $100.

The affidavit and information are substantially the same as found in Whitmire v. State (Tex.Cr.App.) 94 S.W. (2d) 742, decided May 20, 1936, in which the state’s pleading was held fatally defective.

The judgment is reversed and prosecution ordered dismissed under the present pleading.