Johnson v. State

Decided February 22, 1922

Court of Criminal Appeals of Texas · decided 1922-02-22

<p>Intoxicating liquors <§=»211 — Indictment charging unlawful possession must allege possession to have been for purpose of sale.</p> <p>Indictment charging the unlawful possession of intoxicating liquor mijst allege that the liquor was possessed for the purpose of sale under Acts 37th Leg. (1921) 1st Called Sess. c. 61.</p>

Relies on 90 Tex. Crim. 374 - Boone v. State · 91 Tex. Crim. 62 - Ex Parte Mitchum

Judgment reversed, and prosecution ordered dismissed · Decided 1922-02-22

MORROW, P. J.

¶1The conviction is for the ■unlawful possession of intoxicating liquor.

¶2The indictment fails to allege that the liquor was possessed for the purpose of sale.

¶3The 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.

¶4The judgment is reversed, and the prosecution ordered dismissed,

¶5^=»For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes