
    COUNTS v. STATE.
    (No. 6775.)
    (Court of Criminal Appeals of Texas.
    March 22, 1922.)
    Criminal law <&wkey;-l4 — Prosecution for having unlawful possession of liquor dismissed where after conviction statute was amended.
    Prosecution for unlawful possession of liquor, not alleged to have been for purpose of sale, will be dismissed, though Acts 36th Leg. (1919) 2d Called Sess. c. 78, § 1, as amended by Acts 37th Leg. (1921) 1st Called Sess. c. 61, § 1 (Vernon’s Ann. Pen. Code Supp. 1922, art. 588%), requiring possession to have been for such purpose, was made subsequent to conviction.
    Appeal from District Court, Young County; H. F. Weldon, .Judge.
    S. C. Counts was convicted of unlawfully possessing intoxicating liquor, and he appeals.
    Judgment reversed, and prosecution ordered dismissed.
    Brown & Graham and Thomas G. Binkley, all of Graham, for appellant.
    R. G. Storey, Asst. Atty. Gen., for the State.
   MORROW, P. J.

The conviction is for the unlawful possession of intoxicating liquor, , and was had before the amendment (Acts 37th Leg. [1921] 1st Called Sess. c. 61, § 1 [Yernon’s Ann. Pen. Code Supp. 1922, art. 588%]) of the statute (Acts 36th Leg. [1919] 2d Called Sess. c. 78, § 1) denouncing that offense.

The statute so modified the law as to limit the offense to the possession of intoxicating liquor for the purpose of sale. The indictment as drawn does not contain this limitation, and therefore will not support the conviction. See Francis v. State (Tex. Cr. App.) 235 S. W. 580, and Ex parte Mitchum (No. 6772, Tex. Cr. App.) 237 S. W. 936, not yet [officially] reported.

The judgment is reversed, and the prosecution ordered dismissed.  