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131 Tex. Crim. 366

Terrell v. State

Court of Criminal Appeals of Texas

Decided December 2, 1936

Court of Criminal Appeals of Texas · decided 1936-12-02

Decided 1936-12-02

LATTIMORE, Judge.

¶1Conviction for violating the liquor law; punishment, a fine of $466.00.

¶2The indictment herein charges that appellant, on a certain day, in Bosque County, Texas, possessed spirituous liquor, to-wit: whisky, for the purpose of sale, the possession of such liquor for said purpose having been theretofore and was then prohibited in Bosque County by the laws of Texas. Without going into a discussion of the law applicable, we merely call attention to what we said in Whitmire v. State, 94 S. W. (2d) 742, and Schmidt v. State, 94 S. W. (2d) 743, in which cases an indictment similar to the one before us was held bad.

¶3The judgment is reversed and the prosecution ordered dismissed.

¶4Reversed and prosecution ordered dismissed.

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