Cole v. State

239 S.W. 947, 91 Tex. Crim. 421, 1922 Tex. Crim. App. LEXIS 230

Opinion

HAWKINS, Judge.

—Appellant was convicted for having in his possession equipment for the manufacture of intoxicating liquor. Punishment was assessed at one year in the penitentiary.

Chapter 61, Acts Thirty-seventh Legislature, 1st and 2d Called Sessions, 1921. amending Chapter 78 of the Acts of the 36th Legislature, 2d Called Session. 1919, has been held to have repealed Section 1 of said Chapter 78 in so far as it made the possession of equipment for the manufacture of intoxicating liquor a crime. See Vernon’s Ann. P. C., Article 16; Cox v. State, 90 Texas Crim. App.. 256; 234 S. W. Rep. 531; McCowan v. State, 90 Texas Crim. Rep. 264; 234 S. W. Rep. 887; Betts v. State, 90 Texas Crim. Rep., 203, 235 S. W. Rep. 597; Harris v. State, 236 S. W. Ren. 467; Kitchen v. State, 90 Texas Crim. Rep. 536; 236 S. W. Rep. 476; Stephenson v. State, 90 Texas Crim. Rep. 549; 236 S. W. Rep. 477.

The judgment of the trial court must be reversed and the prosecution ordered dismissed.

Reversed and dismissed.