
    WHITTLESEY v. STATE.
    (No. 8479.)
    (Court of Criminal Appeals of Texas.
    June 4, 1924.)
    Intoxicating liquors <§=>219 — Failure of indictment, charging unlawful sale, to name purchaser, held' to necessitate reversal of conviction.
    Failure of indictment, charging unlawful sale of intoxicating liquor, to state name of. purchaser as required by Code Cr. Proc. art. 464, held to require reversal of conviction.
    Appeal from District Court, Sabine County; V. H'. Stark, Judge.
    Travis Whittlesey was convicted of the unlawful sale of intoxicating liquor, and he appeals.
    Reversed.
    D. M. Short & Sons, of Center, for appellant.
    Tom Garrard, State’s Atty., and Grover C. Morris, Asst. State’s Atty., both of Austin, for the State.
   MORROW, P. J.

The unlawful sale of intoxicating liquor is the offense; punishment fixed at confinement in the penitentiary for a period of one year.

Article 464, C. O. P., requires that in an indictment for the unlawful sale of intoxieat-ing liquor the name of the purchaser shall be stated. This the indictment in the present case fails to do. The conviction cannot therefore be sustained. Alexander v. State, 29 Tex. 496; Dixon v. State, 21 Tex. App. 517, 1 S. W. 448; Hoover v. State (Tex. Cr. App.) 259 S. W. 1088.

■■ The judgment is reversed, and the prosecution ordered dismissed.  