239 S.W. 957 | Tex. Crim. App. | 1922
Appellant was convicted in the District Court of Cottle County of a felony, and his punishment fixed at one year in the penitentiary.
The indictment herein contains three counts, the first of which charges that W.K. Weaver in the County of Cottle and State of Texas, "did then and there unlawfully manufacture and have in his possession intoxicating liquors," etc., the second count charging appellant with having in his possession equipment for the manufacture of intoxicating liquor, and the third count charging that appellant did then and there have in his possession intoxicating liquor and equipment for manufacturing such liquor. Since the adoption of the amendment to the Dean Law by the Second Called Session of the Thirty-seventh Legislature in 1921 there has been no offense in this State such as possessing equipment for the manufacture of intoxicating liquor. The legislature omitted this from their said amendment and thereby repealed the law against possession of such equipment, as has been held by us in several cases. The law against possession of intoxicating liquor was so changed as to make same penal only when had in possession for sale. *419
The first count in this indictment is fatally defective because charging in one count both the manufacture of intoxicating liquor and possession of the same. Todd v. State,
Reversed and dismissed.
