
    Henry J. Hilliard v. The State.
    No. 23924.
    Delivered February 11, 1948.
    
      Pat Beene, of Andrews, for appellant.
    
      Ernest S. Goens, State’s Attorney, of Austin, for the State.
   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.  