
    James Procell v. State
    No. 34,394.
    April 18, 1962
    
      
      Marion G. Holt, Nacogdoches, for appellant.
    
      Leon Douglas, State’s Attorney, Austin, for the state.
   WOODLEY, Presiding Judge.

The offense is the unlawful sale of beer in a dry area; the punishment, 30 days in jail and a fine of $250.

The information alleges that the sale was made in Nacogdoches County, a dry area.

The state concedes that there is. no proof that said County was a dry area, without which the conviction cannot stand. Hargiss v. State, 330 S.W. 2d 538; Smith v. State, 159 Texas Cr. Rep. 351, 264 S.W. 2d 108; Brown v. State, 135 Texas Cr. Rep. 3, 117 S.W. 2d 107.

The state’s brief also points out that there is no proof of the sale except by a statement of the appellant before a grand jury.

The evidence being insufficient to sustain the conviction, the judgment is reversed and the cause remanded.  