
    MEYER v. STATE.
    (No. 6887.)
    (Court of Criminal Appeals of Texas.
    April 12, 1922.)
    Intoxicating liquors <©=>139, 202— Indictment must allege possession for purpose of sale, as mere possession is not an offense.
    Under Acts 37th Leg. (1921) 1st Called Sess. c. 61, amending the Dean Law (Vernon’s Ann. Pen. Code Supp. 1922, art. 588¼ et seq.), possessing intoxicating liquor is not an offense, unless had for the purpose of sale, indictment is deficient, unless it alleges that such possession is for the purpose of sale.
    Appeal from District Court, Hunt County; Geo. B. Hall, Judge.
    Allen Meyer was convicted of possessing intoxicating liquor, and he appeals.
    Reversed, and prosecution dismissed.
    Harrell & Starnes, of Greenville, ■ for appellant.
    R. G. Storey, Asst. Atty. Gen., for the State.
   LATTIMORE, J.

Appellant was convicted in the district court of Hunt county of the offense of possessing intoxicating liquor, and his punishment fixed at one year in the penitentiary.

Since the adoption of the amendment to the Dean Law by the First Called Session of the Thirty-Seventh Legislature (Vernon’s Ann. Pen. Code Supp. 1922, art. 588¼ et seq.), the offense of possessing intoxicating liquor has been so changed as that it is no longer a violation of the law to possess same, except when had for purposes of sale. We have uniformly held that it is necessary that the indictment contain an allegation that such possession is for the purpose of sale.

There being no such charge in the instant case, the indictment is fatally defective, and it becomes necessary to order a reversal, and that the prosecution be dismissed, which is accordingly done.  