Counts v. State

238 S.W. 1113, 91 Tex. Crim. 349, 1922 Tex. Crim. App. LEXIS 192

Opinion

MORROW, Presiding Judge.

—The conviction is for the unlawful possession of intoxicating liquor, and was had before the amendment of the statute denouncing that offense.

The statute so modified the law as to limit the offense to the possession of intoxicating liquor for the purpose of sale. The indictment, as drawn, does not contain this limitation and therefore will not support the conviction. See Francis v. State, 90 Texas Crim. Rep., 67; 235 S. W. Rep. 580: and Ex parte Mitchum, No. 6772, not yet reported.

The judgment is reversed and the prosecution ordered dismissed.

Reversed and dismissed.