
    HAMLIN v. STATE.
    (No. 6654.)
    (Court of Criminal Appeals of Texas.
    Feb. 15, 1922.)
    1. Criminal law <©=>878(3) — Where indictment was In three counts, verdict of guilty on third count was acquittal on first and second.
    Where an indictment was in three counts, a verdict of guilty on the third count was tantamount to an acquittal of the offense charged in the first and second.
    2. Criminal law <©=>15 — Where Dean Law repealed, conviction for possessing equipment for manufacturing liquor dismissed.
    Where the law punishing the possession of equipment for the manufacture of intoxicating liquor was repealed by Acts 1st Called Sess. 37th Leg. (1921), c. 61, a conviction for possessing, etc., will be dismissed.
    Appeal from District Court, Donley County;. Henry S. Bishop, Judge.
    R. R. Hamlin was convicted of violating the liquor law, and he appeals.
    Reversed and dismissed.
    W. T. Link and E. A. Simpson, both of Clarendon, for appellant.
    R. G. Storey, Asst. Atty. Gen., for the State.
   LATTIMORE, J.

Appellant was convicted in the district court of Donley county of the offense of possessing equipment for the manufacture of intoxicating liquor, and his punishment fixed at two years in the penitentiary.

The • indictment against appellant contained three counts, one charging the possession of intoxicating liquor, one charging the manufacture of such liquor, and the third charging the possession of equipment Ifor the manufacture of such liquor. AR three counts were submitted to the jury by the charge of the court. The verdict of the jury and the court’s judgment were based upon the offense charged in the third count. Under all our decisions this would be tantamount to a verdict of acquittal of the offenses charged in the first and second counts. The law making possession of equipment for the manufacture of intoxicating liquor having been repealed by the Acts of the Special Session of the Thirty-Seventh Legislature amending the Dean Law (Acts 37th Leg. [1st Galled Sess.] c. 61) we have no option but to reverse the instant case and order a dismissal, which will be done. 
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