
    Ollie Deaton v. The State.
    No. 19859.
    Delivered December 14, 1938.
    The opinion states the case.
    
      W. E. Davenport, of San Angelo, for appellant.
    
      Lloyd W. Davidson, State’s Attorney, of Austin, for the State.
   Hawkins, Judge.

Conviction is for possessing whisky at a place where only beer could legally be sold under a “beer permit,” punishment being a fine of $100.00.

The statute under which this prosecution proceeded was held inoperative because of repugnant penalties for the same offense in No. 19804, M. M. Moran v. State, opinion this date. [Page 645 of this volume.]

The same reasons here make it imperative to reverse the judgment and order the dismissal of the present prosecution.  