Powell v. State

Court of Criminal Appeals of Texas

Powell v. State

238 S.W. 918, 91 Tex. Crim. 353

CourtCourt of Criminal Appeals of Texas

DecidedMarch 22, 1922

DocketNo. 6776

StatusPublished

This text of 238 S.W. 918 (Powell v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Powell v. State, 238 S.W. 918, 91 Tex. Crim. 353 (Tex. 1922).

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Opinion

HAWKINS, J.

Conviction was for possessing intoxicating liquor. Punishment, iy3 years in the penitentiary.

[1,2] Acts of the Thirty-Seventh Legislature, First and Second Called Sessions, p. 233, so amended the Prohibition Law (Acts 36th Leg. [1919] 2d Called Sess. c. 78) as tS mate it no longer an offense to have possession of intoxicating liquor unless had for the purpose of sale. Under many decisions of the court heretofore rendered construing the effect of the amendment, it is necessary to allege and prove that possession of intoxicating liquor was for the purpose of sale, and, such allegation not appearing in the indictment in the instant case, it becomes necessary to reverse the judgment of the trial court and dismiss the prosecution under the present indictment.

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HAWKINS, J.

Conviction was for possessing intoxicating liquor. Punishment, iy3 years in the penitentiary.

[1,2] Acts of the Thirty-Seventh Legislature, First and Second Called Sessions, p. 233, so amended the Prohibition Law (Acts 36th Leg. [1919] 2d Called Sess. c. 78) as tS mate it no longer an offense to have possession of intoxicating liquor unless had for the purpose of sale. Under many decisions of the court heretofore rendered construing the effect of the amendment, it is necessary to allege and prove that possession of intoxicating liquor was for the purpose of sale, and, such allegation not appearing in the indictment in the instant case, it becomes necessary to reverse the judgment of the trial court and dismiss the prosecution under the present indictment.

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Bluebook (online)

238 S.W. 918, 91 Tex. Crim. 353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/powell-v-state-texcrimapp-1922.