
    KITCHENS v. STATE.
    (No. 6553.)
    (Court of Criminal Appeals of Texas.
    Jan. 11, 1922.)
    Criminal law <@=>15 — Repeal of statute abates prosecution thereunder.
    In consequence of Vernon’s Ann. Pen. Code 1916, art. 16, the effect of the repeal, by Acts 36th Leg., 2d Called Sess. (1919) c. 78, of the provision, of the intoxicating liquor law, making it unlawful to possess equipment for manufacture of intoxicating liquor, was to abate a prosecution therefor.
    Appeal' from District Court, Milam County; John Watson, Judge.
    H. J. Kitchens was convicted of unlawful possession of equipment for the manufacture of intoxicating liquor, and sentenced to one year in the penitentiary, and he appeals.
    Reversed, and prosecution ordered dismissed.
    U. S. Hearrell, of Cameron, for appellant.
    R. G. Storey, Asst. Atty. Gen., for the State.
   MORROW, P. J.

The conviction is for the unlawful possession of equipment for the manufacture of intoxicating liquor; punishment fixed at confinement in the penitentiary for one year.

The phase of the statute upon which the prosecution is founded was repealed by Acts of the Thirty-Sixth Legislature, Second Called Session, chapter 78, page 229. The effect of its repeal was to abate the prosecution. This is in consequence of article 16 of the Penal Code.

The point is decided in Cox v. State, 234 S. W. 531, and Petit v. State, No. 6510, not yet [officially] reported, 235 S. W. 579.

The judgment is reversed, and the prosecution ordered dismissed.  