¶1The offense is the possession of whiskey in a dry area for the purpose of sale; the punishment, six months’ confinement in jail and a fine of $500.
¶2The complaint and information herein charge the offense to have occurred on the “7th day of March, 19452.”
¶3We cannot presume against the accused that the State meant something other than what they plead.
¶4“The allegation of an impossible date as the date of the commission of the offense will render the indictment, information or complaint fatally defective.” Branch’s Ann.P.C., Sec. 434, p. 230.
¶5Judgment is reversed and the prosecution ordered dismissed.