
    HILLIARD v. STATE.
    No. 23924.
    Court of Criminal Appeals of Texas.
    Feb. 11, 1948.
    Pat Beene, of Andrews, for appellant.
    Ernest S. Goens, State’s Atty., of Austin, for the State.
   DAVIDSON, Judge.

The conviction is for the unlawful transportation of whisky in a dry area; the punishment, a fine of $100.

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.Cr.R. 133, 151 S.W.2d 819; Brown v. State, 135 Tex.Cr.R. 3, 117 S.W.2d 107.

The judgment is reversed and the prosecution ordered dismissed.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.  