Court of Criminal Appeals of Texas, 1936

Smoot v. State

Smoot v. State
Court of Criminal Appeals of Texas · Decided February 12, 1936 · Hawkins
90 S.W.2d 836 (South Western Reporter, Second Series)

Smoot v. State

Opinion of the Court

HAWKINS, Judge.

Conviction is for possessing intoxicating liquor for the purpose of sale, punishment being one year in the penitentiary.

Since the conviction, the law (Pen. Code 1925, art. 666 et seq., as amended) upon which the prosecution was predicated has been repealed without any saving clause (Vernon’s Ann.P.C. art. 666 — 4-9). See Meadows v. State (Tex.Cr.App.) 88 S.W.(2d) 481.

The judgment is reversed and the prosecution ordered dismissed.

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