
    FRANCIS v. STATE.
    (No. 6493.)
    (Court of Criminal Appeals of Texas.
    Dec. 7, 1921.)
    Intoxicating liquors <&wkey;l32, 139 — Possession for the purpose of sale denounced; provision of statute held repealed.
    Acts 37th Leg. 1st & 2d Called Sess. (1921) c. 61, repealed that provision of the Dean Law making the possession of intoxicating liquor an offense, and only possession for the purpose of sale is now denounced.
    Appeal from District Court, Smith County; ,T. R. Warren, Judge.
    Will Francis was convicted of possessing intoxicating liquors, and he appeals.
    Reversed, and prosecution dismissed.
    Gentry & Gentry, of Tyler, for appellant.
    E. G. Storey, Asst.Atty. Gen., for the State.
   HAWKINS, J.

Appellant was convicted for having in his possession intoxicating liquor. Acts of First and Second Called Sessions of the 37th Legislature,'p. 233, in effect, repealed that provision of the law (Acts 36th Leg. 1st and 2d Called Sess. c. 78) making the possession an offense, and it is only where the possession is for the purpose of sale that the act is now denounced by the Legislature. Cox v. State, 234 S. W. 531, and other cases decided at the present term, but not yet [officially] reported.

It therefore becomes necessary for this court to reverse the judgment of the trial court, and order the prosecution under the present indictment dismissed. Petit v. State (No. 6510) 235 S. W. 579, decided November 30, 1021.  