
    McCOWAN v. STATE.
    (No. 6372.)
    (Court of Criminal Appeals of Texas.
    Nov. 16, 1921.)
    •Intoxicating liquors <&wkey;(37 — Possession of equipment for manufacture not offense.
    It is not an offense to possess equipment for the manufacture of intoxicating liquor, under the Doan Act, as amended by Acts 1st and 2d Called Sess. 37th Leg. p. 233.
    Appeal from District Court, McLennan County; Richard I. Munroe, Judge.
    Robert McGowan was convicted of possessing equipment for making intoxicating liquor, and appeals.
    Conviction set aside, and prosecution ordered dismissed.
    A. C. Price, of Moody, and Street, Willis & Coston, of Waco, for appellant.
    R. H. Hamilton, Asst. Atty. Gen., for the State.
   HAWKINS, J.

Appellant was charged indictment in various counts for violation of what has been termed the Dean Law (Acts 36th Leg. 2d Called Sess. c. 78). The fifth count, under which this conviction was had, charged him with possessing equipment for making intoxicating liquor. Acts of the First and Second Called Session of the Thirty-Seventh Legislature, p. 233, so amended the Dean Law that the possession of equipment for the manufacture of intoxicating liquor is not now an offense. State v. Cox (No. 6423) 234 S. W. 531, decided at the present term of this court, and not yet [officially] reported.

It therefore follows that the conviction must be set aside, and the prosecution ordered dismissed.  