Legal Opinion

Cade v. State

Court of Criminal Appeals of Texas

Decided January 18, 1922No. 6599Published

Appeal from the District Court of Jasper. Tried below before the ■ Honorable V. H. Stark. Appeal from a conviction for the unlawful possession of intoxicating liquor; penalty, three years imprisonment in the penitentiary. The opinion states the case. ■ °

1Opinion of the Court

HAWKINS, Judge.

Appellant was indicted a- d convicted for possessing intoxicating liquor under the prohibition law prior to the amendment thereof by chapter 61, First and Second Called Session of the Thirty-seventh Legislature, page 233. By the provisions of the amendment the possession of intoxicating liquor is not an offense, unless so possessed for the purpose of sale. The amendment carried no saving clause as to pending cases, and the further prosecution of this 'case can not be maintained. (See No. 6510, Petit v. State, 90 Texas Crim. Rep., 336, decided November 23, 1921; No. 6493,…

2Cases cited4 opinions

  1. U. S. Petit v. StateCourt of Criminal Appeals of Texas · 1921
  2. Francis v. StateCourt of Criminal Appeals of Texas · 1921
  3. Dossett v. StateCourt of Criminal Appeals of Texas · 1921
  4. Williams v. StateCourt of Criminal Appeals of Texas · 1921

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