
    DAVIS v. STATE.
    (No. 6487.)
    (Court of Criminal Appeals of Texas.
    Dec. 14, 1921.)
    Intoxicating liquors <©=>139 — Possession unlawful only when for purpose of sale.
    Under the late amendment to the Dean Law, the mere possession of intoxicating liquor is not an offense unless possessed for the purpose of sale.
    Appeal from District Court, Upshur County; J. R. Warren, Judge.
    Isaiah Davis was convicted of possessing intoxicating liquor, and appeals.
    Reversed, and prosecution ordered dismissed.
    Florence, Florence & McClelland, of Gil-mer, J. P. McClelland, of Marshall, and B. F. Crosby, of Greenville, for appellant.
    R. G. Storey, Asst. Atty. Gen., for the State.
   HAWKINS, J.

Conviction was for possession of intoxicating liquor, with the penalty assessed at one year in the penitentiary.

This court has recently held that, under the late amendment to what is known as the Dean Law (Acts 37th Leg. [1 St. Called Sess.] c. 61), the mere possession of intoxicating liquor is not an offense, unless it is alleged and proved that same was possessed for the purpose of, sale. No. 6423, Cox v. State, 234 S. W. 531; No. 6510, Petit v. State, 235 S. W. 579; No. 6493, Francis v. State, 235 S. W. 580 (all decided at this term of court, but not yet [officially] reported).

Under the foregoing authorities, it becomes necessary to reverse the judgment of the trial court, and order the prosecution dismissed, which is accordingly done. 
      <S=>For other oases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
     