
    SIMPSON v. STATE.
    No. 24109.
    Court of Criminal Appeals of Texas.
    Dec. 1, 1948.
    Crisp & Bankhead, of Kaufman, for appellant. ,
    Fred V. Meridith, County Atty., of Kaufman, and Ernest S. Goens, State’s Atty., of Austin, for the State.
   DAVIDSON, Judge.

The conviction is for unlawfully possessing whisky for the purpose of sale, with punishment fixed at a fine of $150.

This is a conviction growing out of the same transaction as that against the appellant in Case No. 24,108, Tex.Cr.App., 215 S.W.2d 617.

In addition to the finding of the beer as shown in Case No. 24,108, the officers also found in appellant’s house a quantity of whisky. It is for the, possession of this whisky that he stands here convicted.

The right to search for and seize that whisky depends upon the same facts as shown in Case No. 24,108.

Our conclusion that the search in that cáse was unauthorized determines, also, this case.

For the reasons set forth in said Case No. 24,108, the judgment is reversed and the cause is remanded.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the court.  