
    STEPHENSON v. STATE.
    (No. 6384.)
    (Court of Criminal Appeals of Texas.
    Jan. 11, 1922.)
    Criminal law <@= 15 — Prosecution for unlawful possession of equipment abated by reason of omission of offense from amending statute.
    Since the offense of possessing equipment for the manufacture of intoxicating liquor, as denounced by Acts 36th Leg. 2d Called Sess. (1919) c. 78, §§ 1, 2, was omitted by the act amending such statute as Acts 37th Leg. 1st Called Sess. (1021). c. 61, which re-enacted some of the offenses named in the original act, a prosecution for such offense abates, under Pen. Code 1911, art., 16; the effect of the amending act being to repeal chapter 78 as respects such offense.
    Appeal from District Court, Newton County; V. H. Stark, Judge.
    Richard Stephenson, was convicted of unlawful possession of equipment for the manufacture of intoxicating liquor, and he appeals.
    Reversed, and prosecution ordered dismissed.
    G. E. Richardson, of Jasper, and Wight-man & Forse, of Newton, 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 a period of three years.

Acts of the Thirty-Sixth. Legislature, Second Called Session, c. 78, §§ 1, 2, which denounced the offense of which the appellant was convicted, was amended by the Thirty-Seventh Legislature, First Called Session (chapter 61), and while some of the other offenses named in the original act were reenacted, the one in question was omitted, thereby repealing that phase of chapter 78, supra.

The result of the repeal is to abate the prosecution. This by virtue of an express provision of the statute. Penal Code, art. 16. See, also, Cox v. State, 284 S. W. 531.

The judgment of the trial court is reversed, and the prosecution ordered dismissed. 
      <§s=jFor other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
     