
    Ollie DEATON v. STATE.
    No. 19859.
    Court of Criminal Appeals of Texas.
    Dec. 14, 1938.
    W. E. Davenport, of San Angelo, for appellant.
    Lloyd W. Davidson, State’s Atty., 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.

The statute under which this prosecution proceeded was held inoperative because of repugnant penalties for the same offense in M. M. Moran v. State, Tex.Cr.App., 122 S.W.2d 318, opinion this date.

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