Court of Criminal Appeals of Texas, 1935

Stein v. State

Stein v. State
Court of Criminal Appeals of Texas · Decided April 10, 1935 · Morrow
81 S.W.2d 533; 1935 Tex. Crim. App. LEXIS 719 (South Western Reporter, Second Series)

Stein v. State

Opinion of the Court

MORROW, Presiding Judge.

The conviction is for the unlawful possession of intoxicating liquor for the purpose of sale; penalty assessed at confinement in the penitentiary for one year.

The count of the indictment upon which the conviction is founded is that charging that appellant "did then and there possess intoxicating liquor for the purpose of sale.”

The indictment is insufficient to charge an offense.

The subject is discussed in the case of Offield v. State (Tex. Cr. App.) 75 S.W.(2d) 882.

The judgment is reversed, and the prosecution ordered dismissed.

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