¶1Upon an information charging the unlawful sale of whisky in Hunt County, a dry area, appellant was convicted and punishment assessed at thirty days in jail.
¶2The state was under the burden of establishing, either by proof or otherwise, that Hunt County was a dry area within the meaning of the liquor control act. The statement of facts, as well as the record as a whole, fails to reflect that the state discharged that burden.
¶3The evidence is therefore insufficient to sustain the conviction. Hodges v. State, 151 Tex. Cr. R. 516, 209 S. W. 2d 611.
¶4The judgment is reversed and the cause is remanded.
¶5Opinion approved by the Court.