¶1Appellant was convicted for the unlawful possession of whiskey for the purpose of sale in Coryell County, a dry area, and his punishment was assessed at 90 days in jail and a fine of $250.
¶2Under the Texas Liquor Control Act, Vernon’s Ann. P.C., 666-1, et seq, it is required that the state establish, either by proof or otherwise, that the alleged county was a dry area, within the meaning of said act. The statement of facts and the record in this case fail to reflect that the state met this requirement.
¶3The evidence is therefore insufficient to sustain the conviction. Brigham v. State, 154 Tex. Cr. R. 55, 225 S.W. 2d 176; Davis v. State, 155 Tex. Cr. R. 101, 231 S.W. 2d 444; Hodges v. State, 151 Tex. Cr. R. 511, 209 S.W. 2d 611.
¶4The judgment is reversed and the cause is remanded.
¶5Opinion approved by the Court.