
    SEWELL v. STATE.
    No. 19043.
    Court of Criminal Appeals of Texas.
    June 2, 1937.
    Sanders & McLeroy, of Center, for ap- ' pellant..
    Lloyd W. Davidson, State’s Atty., of Austin, for the State.
   HAWKINS, Judge.

Conviction is for possessing intoxicating liquor in containers to which was not affixed a stamp or other valid evidence showing the payment of .the tax due to the State of Texas. Punishment was assessed at a fine of $10.

The liquor in question was in two bottles, being áltogether less than a quart. It had been purchased in Louisiana. There was affixed to each bottle the stamp showing the payment of the tax due the United States Government and the State of Louisiana.

No evidence is found that appellant had the liquor for an illegal purpose in Texas.

The opinion in Jake Horton v. State (Tex. Cr.App.) IOS S.W. (2d) 669, decision rendered May 19, 1937, is controlling, calling for reversal.

- The record also shows some argument which should not have been made. We do not discuss that question, however, as the first one mentioned disposes of the case.

The judgment is reversed and the cause remanded.  