Lee v. State

Decided December 21, 1921

Court of Criminal Appeals of Texas · decided 1921-12-21

<p>Intoxicating liquors <©=>132 — Law punishing possession held repealed.</p> <p>The law punishing the offense of possessing intoxicating liquor was so amended by the First Called Session of the Thirty-Seventh Legislature (Laws 1921, c. 61), as to amount to a repeal of the statute.</p>

Relies on 90 Tex. Crim. 336 - U. S. Petit v. State · Palms v. State

Reversed, and cause ordered dismissed · Decided 1921-12-21

LATTIMORE, J.

¶1Appellant was convicted in the district court of Smith county of the offense of possessing intoxicating liquor, and his punishment fixed at two years in the penitentiary. '

¶2The law defining and punishing this offense was so amended by the recent Special Session of the Thirty-Seventh Legislature (chapter 61) as to amount to a repeal of the statute, and for this reason this cause must be reversed and the prosecution ordered dismissed. Cox v. State (No. 6423) 234 S. W. 531; Petit v. State (No. 6510) 235 S. W. 579, decided at the present term and not yet [officially] reported.