
    ROBERTS v. STATE.
    (No. 6787.)
    (Court of Criminal Appeals of Texas.
    March 15, 1922.)
    ‘intoxicating liquors <s&wkey;202 — Indictment charging possession must allege possession to have been for purpose of sale.
    Indictment, charging unlawful possession of intoxicating liquor, must allege possession to have been for the purpose of sale under amendment of the Prohibition Law by Acts 37th Leg. (1921) 1st Called Sess. c. 61, making possession punishable only when.had for the purpose of sale.
    Appeal from District Court, Brazoria County; M. S. Munson, Judge.
    B. L. Roberts was convicted of possessing intoxicating liquor, and he appeals.
    Judgment reversed, and prosecution dismissed.
    A. E. Masterson, of Angleton, for appellant. *
    R. G. Storey, Asst. Atty. Gen., for the State.
   LATTIMORE, J.

Appellant was convicted in the district court of Brazoria county of the offense of possessing intoxicating liquor, and his punishment fixed at one year in the penitentiary.

The indictment herein contains three counts, one for manufacturing liquor, one for possessing equipment for such manufacture, and the other for the unlawful possession of such liquor. The verdict and judgment was for such unlawful possession. The law (Acts 36th Leg. 2d Called Sess. c. 78) having been so amended at the First Called Session in 1921 of the Thirty-Seventh Legislature (chapter 61) as to make the possession of intoxicating liquor punishable only- when had for purposes of sale, we have uniformly held that an indictment, charging such possession for any other purpose, or which fails to charge that such possession was for purpose of sale, was insufficient in law. The indictment in the instant case failing to so charge, it becomes necessary for us to reverse this cause and direct a dismissal of the prosecution; and it is so ordered. 
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