Legal Opinion

Kitchens v. State

Court of Criminal Appeals of Texas

Decided January 11, 1922No. 6553PublishedCited by 2 opinions

Appeal from the District Court of Milam. Tried below before the. Honorable John Watson. Appeal from a conviction of unlawful possession of equipment for the manufacture of intoxicating liquor; penalty, one year imprisonment in the penitentiary.

1Opinion of the Court

MORROW, Presiding Judge.

The conviction is for the unlawful possession of equipment for the manufacture of intoxicating liquor; punishment fixed at confinement in the penitentiary for one year.

The phase of the statute upon which the prosecution is founded was repealed by the Act of.the Thirty-sixth Legislature, Second Called Session, chapter 78, page 229. The effect of its repeal was to abate the prosecution. This is in consequence of Article 16 of the Penal Code.

The point is decided in Cox v. State, 90 Texas Crim. Rep., 256, 234 S. W. Rep., 531, and Petit 1. State, 90 Texas Crim. Rep., 336,…

2Cases cited2 opinions

  1. U. S. Petit v. StateCourt of Criminal Appeals of Texas · 1921
  2. Cox v. StateCourt of Criminal Appeals of Texas · 1921

3Cited by2 opinions

  1. Cole v. StateCourt of Criminal Appeals of Texas · 1922
  2. Jordan v. StateCourt of Criminal Appeals of Texas · 1922

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