Reed v. State

Court of Criminal Appeals of Texas

Reed v. State

122 S.W.2d 321, 135 Tex. Crim. 650, 1938 Tex. Crim. App. LEXIS 849

Court of Criminal Appeals of Texas·Decided December 14, 1938·No. No. 19782.·Published

Opinion

Hawkins, Judge.

Conviction is for possessing whisky at a place where only beer could legally be sold under a “beer permit,” punishment being a fine of $100.00.

The statute under which this prosecution proceeded was held inoperative because of repugnant penalties for the same offense in No. 19804, M. M. Moran v. State, opinion this date [page 645 of this volume.]

The same reasons here make it imperative to reverse the judgment and order the dismissal of the present prosecution.

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Hawkins, Judge.

Conviction is for possessing whisky at a place where only beer could legally be sold under a “beer permit,” punishment being a fine of $100.00.

The statute under which this prosecution proceeded was held inoperative because of repugnant penalties for the same offense in No. 19804, M. M. Moran v. State, opinion this date [page 645 of this volume.]

The same reasons here make it imperative to reverse the judgment and order the dismissal of the present prosecution.

Reed v. State, 122 S.W.2d 321, 135 Tex. Crim. 650, 1938 Tex. Crim. App. LEXIS 849 (Tex. 1938).

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