Court of Criminal Appeals of Texas, 1922

Wyatt v. State

Wyatt v. State
Court of Criminal Appeals of Texas · Decided March 22, 1922 · Morrow
238 S.W. 917; 91 Tex. Crim. 348; 1922 Tex. Crim. App. LEXIS 190 (South Western Reporter)

Wyatt v. State

Opinion of the Court

MORROW, Presiding Judge.

—The conviction is .for the unlawful possession of intoxicating liquor, and was had before the amendment of the statute denouncing that offense. The statute so modified the! law as to limit the offense to the possession of intoxicating liquor for the purpose of sale.

The indictment, as drawn, does not contain this limitation, and therefore will not support the conviction. See Francis v. State, 90 Texas Crim. Rep., 67, 235 S. W. Rep. 580, and Ex parte Mitchum, 237 S. W. Rep., 960, No. 6772, not yet reported.

The judgment is reversed and the prosecution ordered dismissed.

Reversed and dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.