Johnson v. State

MORROW, Presiding Judge.

—The conviction is for the unlawful possession of intoxicating liquor.

The indictment fails to allege that the liquor was possessed for the purpose of sale.

The law, as amended by the Acts of the 37th Leg., 1st Called Session, Chap. 61, requires that the ease be reversed and remanded. The prosecution cannot be maintained upon the preseint indictment. See Francis v. State, 90 Texas Crim. Rep., 67, 235 S. W. Rep., 580, and Ex parte Mitchum, 91 Texas Crim. Rep., 62, 237 S. W. Rep., 935, not yet reported.

The judgment is reversed and the! prosecution ordered dismissed.

Reversed…