
    CHAPA v. STATE.
    (Court of Criminal Appeals of Texas.
    Nov. 23, 1910.)
    Intoxicating Liquors (§ 212) — Unlawful Sale — Prosecution — Indictment — SUFFICIENCY.
    Under Laws 31st Leg. (1st Ex. Sess.) c. 15, § 3, providing that the indictment against a person for the unlawful sale of intoxicating liquors must allege that at least two sales were made within the specified time, and must also allege to whom at least two sales were made, an indictment simply alleging that accused “did unlawfully engage in and pursue 'the occupation and business of selling intoxicating liquors,” without naming any persons to whom the intoxicants were sold, or that any intoxicants were sold, was insufficient.
    [Ed. Note. — For other cases, see Intoxicating Liquors, Dec. Dig. § 212.]
    Appeal from District Court, Duval County; W. B. Hopkins, Judge.
    Abraham Chapa was convicted of the unlawful sale of intoxicating liquors, and api-peals.
    Reversed, and prosecution dismissed.
    F. Lotto, for appellant. John A. Mobley, Asst. Atty. Gen., for the State.
    
      
       For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep’r Indexes
    
   DAVIDSON, P. J.

The charging part of the indictment, after reciting the fact that there had been a local option election held on the 8th of June, 1907, in justice precinct No. 2 in Duval county, which resulted favorably to that law (Acts 31st Leg. c. 15, § 3), in the following language undertakes to charge an offense against appellant for carrying on the business of selling intoxicating liquors in said territory: Appellant “* * * on or about the 1st day of January, A. D. 1910, in said justice precinct number two of Duval county, Texas, did unlawfully engage in and pursue the occupation, and business of selling intoxicating liquors, against the peace and dignity of the state.”

Motion to quash the indictment was presented, as well as motion in arrest of judgment, on the ground that the indictment failed to charge appellant with the offense sought'to be charged as required by law, both of which motions were overruled by the court. Under the authority of the • Fitch Case, this judgment will be reversed, and the prosecution dismissed. The indictment totally fails to charge the offense under the act of the Legislature prohibiting the business of selling intoxicating liquors to be carried on in local option territory. It does not undertake tb name any person to whom the intoxicants were sold, or that any intoxicants were sold. The allegation that appellant did 'engage, in and pursue the occupation and business of selling intoxicating liquors is not sufficient. Fitch v. State, 127 S. W. 1040.

The judgment is reversed, and the prosecution is dismissed.  