Cade v. State
This text of 236 S.W. 721 (Cade v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Appellant was indicted a- d convicted for possessing intoxicating liquor under the prohibition law prior to the amendment thereof by chapter 61, First and Second Called Session of the Thirty-seventh Legislature, page 233. By the provisions of the amendment the possession of intoxicating liquor is not an offense, unless so possessed for the purpose of sale. The amendment carried no saving clause as to pending cases, and the further prosecution of this 'case can not be maintained. (See No. 6510, Petit v. State, 90 Texas Crim. Rep., 336, decided November 23, 1921; No. 6493, Francis v. State, 90 Texas Crim. Rep., 399, decided December 7, 1921; No. 6571, Dossett v. State, 90 Texas Crim. Rep., 458 ; 6570, Williams v. State, 90 Texas Crim. Rep., 455, the last two cases decided December 21, 1921.)
The judgment of the trial court is reversed and the prosecution ordered dismissed.
Reversed and dismissed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
236 S.W. 721, 90 Tex. Crim. 596, 1922 Tex. Crim. App. LEXIS 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cade-v-state-texcrimapp-1922.