# Hilliard v. State

> Court of Criminal Appeals of Texas · February 11, 1948 · 151 Tex. Crim. 398

URL: https://www.frixlaw.com/law-library/cases/4901290

## Case

- **Full name:** Henry J. Hilliard v. State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** February 11, 1948
- **Citations:** 151 Tex. Crim. 398; 208 S.W.2d 378; 1948 Tex. Crim. App. LEXIS 1035
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Davidson
- **Judges:** Davidson
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4901290

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4901290. Public record. Not legal advice.