
    SCOTT v. STATE.
    (No. 6798.)
    (Court of Criminal Appeals of Texas.
    March 29, 1922.)
    Intoxicating liquors <S=>202— Indictment must allege possession for purposes of sale.
    Under Acts 37th Leg. (19&L) 1st Called Sess. c. 61 (Vernon’s Ann. Pen. Code Supp. 1922, arts. 588}4-588%a4), amending the Dean Law (Acts 36th Leg. (1919) 2d Called Sess. e. 78 [Vernon’s Ann. Pen. Code Supp. 1922, arts. 588⅛-588⅛⅜]), an indictment charging possession of intoxicating liquor must allege possession for purposes of sale.
    Appeal frqm District Court, Nacogdoches County; L. D. Guinn, Judge.
    Eli Scott was convicted of' possessing intoxicating liquor, and he appeals.
    Reversed, and prosecution dismissed.
    S. M. Adams, of Nacogdoches, for appellant.
    R. G. Storey, Asst. Atty. Gen., for the State.
   LATTIMORE, J.

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

The date of the alleged offense was May, 1921, which was anterior to 'the Eirst Called Session of the Thirty-Seventh Legislature. By an amendment then made (Acts 37th Leg. [1921] 1st Called Sess. e. 61 [Vernon’s Ann. Pen. Code Supp. Í922, arts. 588%-5881Aa4]) to what is known as the Dean Law (Acts-36th Leg. [1919] 2d Called Sess. e. 78 [Vernon’s Ann. Pen. Code Supp. 1922, arts. 588¼-588¾⅛]) said Legislature so changed the offense of possessing liquor as to make penal the possession thereof only when had for purposes of sale, and in our opinion as announced in many decisions heretofore, this allegation must appear in the indictment.

The indictment before us being devoid of such allegation, it is fundamentally erroneous, and for that reason the judgment must be reversed, and the prosecution ordered dismissed.  