Davis v. State

235 S.W. 1094, 90 Tex. Crim. 430, 1921 Tex. Crim. App. LEXIS 172

Opinion

HAWKINS, Judge.

Conviction was for possession of intoxicating liquor, with the penalty assessed at one year in the penitentiary.

This court has recently held that under the late amendments to what i.s known as the Dean Law, the mere possession of intoxicating liquor is not an offense, unless it is alleged and proved that same was possessed for the purpose of sale. No. 6423, Cox v. State, 90 Texas Crim. Rep., 256; 6510 Petit v. State, 90 Texas Crim. Rep., 336; 6493 Francis v. State, 90 Texas Crim. Rep., 339. (All decided at this term of court but not yet reported.)

Under the foregoing authorities it becomes necessary to reverse the' judgment of the trial court and order the prosecution dismissed, which is accordingly done.

Reversed and dismissed.