
    MARSHALL v. STATE.
    (No. 6600.)
    (Court of Criminal Appeals of Texas.
    Jan. 18, 1922.)
    Criminal law <@=o 15 — Prosecution will be dismissed, on amendment of law on which it was based, amounting to repeal.
    The law making the-possession of intoxicating liquor penal being so amended as to amount to a repeal, a prosecution for a violation of the original law will be dismissed.
    Appeal from District Court, Jasper County; V. H. Stark, Judge.
    Alex Marshall was convicted of violating the liquor law, and he appeals.
    Reversed, and dismissal ordered.
    Blake & Neel, of Jasper, for appellant.
    R. G. Storey, Asst. Atty. Gen., for the State.
   LATTIMORE. J.

Appellant was convicted in the district court of Jasper county of the offense of possessing liquor, and his punishment fixed at three years in the penitentiary.

Under numerous authorities of this court it has been held that the law making the possession of liquor penal was so amended by the recent special session of the Thirty-Seventh Legislature as to amount to a repeal' of the same. Cox v. State (No. 6423) 234 S. W. 531, and Petit v. State (No. 6510) 235 S. W. 579, decided at the present term, but not yet [officially] reported. It appearing in the instant case that appellant was prosecuted for a violation of said law, in accordance with said decisions, it will be necessary for us to reverse this case and order its dismissal, which is accordingly done. 
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