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Johnson v. State

237 S.W. 925, 91 Tex. Crim. 156, 1922 Tex. Crim. App. LEXIS 104
Procedural entryThis page is a short order in Johnson v. State. Read the opinion of the Court — 86 Tex. Crim. 566 →
Court of Criminal Appeals of Texas·Decided February 22, 1922·No. No. 6698.·Published

Opinion

MORROW, Presiding Judge.

—The conviction is for the unlawful possession of intoxicating liquor.

The indictment fails to allege that the liquor was possessed for the purpose of sale.

The law, as amended by the Acts of the 37th Leg., 1st Called Session, Chap. 61, requires that the ease be reversed and remanded. The prosecution cannot be maintained upon the preseint indictment. See Francis v. State, 90 Texas Crim. Rep., 67, 235 S. W. Rep., 580, and Ex parte Mitchum, 91 Texas Crim. Rep., 62, 237 S. W. Rep., 935, not yet reported.

The judgment is reversed and the! prosecution ordered dismissed.

Reversed and dismissed.

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Johnson v. State, 237 S.W. 925, 91 Tex. Crim. 156, 1922 Tex. Crim. App. LEXIS 104 (Tex. 1922).

237 S.W. 925 (Johnson v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Francis v. State
233 S.W. 974 (Court of Criminal Appeals of Texas, 1921)
Ex Parte Mitchum
237 S.W. 936 (Court of Criminal Appeals of Texas, 1922)
Francis v. State
235 S.W. 580 (Court of Criminal Appeals of Texas, 1921)
Ex parte Mitchum
237 S.W. 935 (Court of Criminal Appeals of Texas, 1922)