Legal Opinion

Francis v. State

Court of Criminal Appeals of Texas

Decided December 7, 1921No. 6493PublishedCited by 17 opinions

Appeal from the District Court of Smith. Tried below before the Honorable J. R. Warren. Appeal from a conviction of the possession of intoxicating liquor; penalty, two years imprisonment in the penitentiary. The opinion states the case.

1Opinion of the Court

HAWKINS, Judge.

Appellant was convicted for having in his possession intoxicating liquor. The Acts of the First and Second Called Sessions of the Thirty-seventh Legislature, page 233, in effect, repealed that provision of the law making the possession an offense, and it is only where the possession is for the purpose of sale that the act is now denounced by the Legislature. Cox v. State, and other cases decided at the present term, but not yet reported.

It, therefore, becomes necessary for this court to reverse the judgment of the trial court and order the prosecution under the present…

2Cited by17 opinions

  1. Brown v. StateCourt of Criminal Appeals of Texas · 1922
  2. Dossett v. StateCourt of Criminal Appeals of Texas · 1921
  3. Moore v. StateCourt of Criminal Appeals of Texas · 1922
  4. Williams v. StateCourt of Criminal Appeals of Texas · 1921
  5. Gilstrap v. StateCourt of Criminal Appeals of Texas · 1922

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