
    KELLY v. STATE.
    No. 20954.
    Court of Criminal Appeals of Texas.
    April 3, 1940.
    . Mel Janes, of Lubbock, for appellant.
    Lloyd W. Davidson, State’s Atty., of Austin, for the State.
   GRAVES, Judge.

Appellant was charged with the unlawful sale of intoxicating liquor in a dry area, and by the jury fined the sum of $100.

In the complaint and information it is. alleged that Lubbock County was a dry area, in that at an election held for that purpose a majority of the qualified voters thereof had thus determined, etc;

We find no agreement in the statement of facts relative to such allegations, nor do we find any proof thereof in the statement of facts.

This being a special law, we have held • in many cases that proof of its adoption in a certain locality .must be made, or an agreement relative thereto in evidence. See Branch’s Penal Code, p. 695, Sec. 1231.

Because óf a failure to show in the statement of facts that Lubbock County is a dry area, this judgment is reversed, and the cause remanded.  