Austin v. State

GRAVES, Judge.

The original opinion herein handed down April 17, 1940, is withdrawn and the, following substituted therefor:

Appellant was convicted of the possession of an illicit beverage, to-wit: liquor to which container there was not affixed a stamp showing that the tax due the State thereon had been paid.

The statute evidencing the criminality of such act under the law is found in the Acts of 1935, Sec. 43 of what is termed Art. 666 of the Penal Code. We find, however, that such section of Art. 666 was repealed by the passage of H. B. No. 5, Chapter 448, of the Acts of the Regular Session…