Johnson v. State

237 S.W. 939
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, P. J.

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 Acts 37th Leg. 1st Called Sess. c. 61, requires that the case be reversed and remanded. The prosecution cannot be maintained upon the present indictment. See Francis v. State (Tex. Cr. App.) 235 S. W. 580, and Ex parte Mitchum (Tex. Cr. App., No. 6772) 237 S. W. 936, not yet [officially] reported.

The judgment is reversed, and the prosecution ordered dismissed,

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Johnson v. State, 237 S.W. 939 (Tex. 1922).

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Related

Ex Parte Mitchum
237 S.W. 936 (Court of Criminal Appeals of Texas, 1922)