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91 Tex. Crim. 348

238 S.W 919

McLaughlin v. State

Court of Criminal Appeals of Texas

Decided March 22, 1922

Court of Criminal Appeals of Texas · decided 1922-03-22

<p>Intoxicating Liquor—Unlawful Possession of Equipment—Repeal.</p> <p>A conviction for the unlawful possession of equipment for the manufacture of intoxicating liquor since the law has been repealed cannot he sustained. Following Cox v. State, 90 Texas Crim. Rep., 256, 234 S. W. Rep., 531.</p>

Decided 1922-03-22

MORROW, Presiding Judge.

¶1 —The conviction is for the unlawful possession of equipment for the manufacture of intoxicating liquor.

¶2 The conviction cannot stand for the reason that the act denouncing the offense was repealed, and under Article 16 of the Penal Code, the prosecution must abate. Cox v. State, 90 Texas Crim. Rep. 256 and 234 S. W. Rep. 531.

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

¶4 Reversed and dismissed.

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