
    ALEXANDER v. STATE.
    No. 18815.
    Court of Criminal Appeals of Texas.
    Feb. 17, 1937.
    Shropshire & Sanders, of Brady, for appellant.
    Lloyd W. Davidson, State’s Atty., of Austin, for the State.
   MORROW, Presiding Judge.

The conviction is for the unlawful sale of intoxicating liquor in a dry area; penalty assessed at a fine of $75.

The State’s Attorney before this court concedes that the information is insufficient to charge the alleged offense. In this view, we are constrained to concur.

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

It is well settled that an information charging the unlawful sale of intoxicating liquor in a dry area must allege that an election was held under an order of the. commissioners’ court for the purpose of determining whether the sale should be prohibited; that the commissioners’ court canvassed the election returns and declared the result; and that the result was published as required by law in force at the time of the election. See Kelly v. State (Tex.Cr.App.) 98 S.W. (2d) 998; Scott v. State (Tex.Cr.App.) 99 S.W.(2d) 920; Malchoff v. State (Tex.Cr.App.) 99 S.W. (2d) 917; Shaffer v. State (Tex.Cr.App.) 99 S.W. (2d) 929.  