Court of Criminal Appeals of Texas, 1937

Hardin v. State

Hardin v. State
Court of Criminal Appeals of Texas · Decided January 27, 1937 · Morrow
131 Tex. Crim. 588; 101 S.W.2d 265; 1937 Tex. Crim. App. LEXIS 46

Hardin v. State

Opinion of the Court

MORROW, Presiding Judge.

The conviction is for the unlawful possession for the purpose of sale in a dry territory of liquor containing alcohol in excess of one-half of one per centum by volume; penalty assessed at a fine of $200.00.

The information upon which the prosecution is based is insufficient to charge the offense because it fails to allege the holding of an election in the particular county resulting in the prohibition of the act charged. See Kelly v. State, 98 S. W. (2d) 998; Whitmire v. State, 94 S. W. (2d) 742; Coleman v. State, 97 S. W. (2d) 701; also Privitt v. State, 98 S. W. (2d) 204.

For the reason stated, the judgment of the trial court is reversed and the prosecution ordered dismissed.

Reversed and prosecution ordered dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.