
    WHITMORE v. STATE.
    (No. 6732.)
    (Court of Criminal Appeals of Texas.
    March 8, 1922.)
    Intoxicating liquors &wkey;>2l 1 — Indictment must show possession for purpose of sale.
    An indictment under the amendment to the Dean Law by Acts 37th Leg. (1921) 1st Called Sess. c. 61, which does not allege that the possession of alcoholic liquors was for the purposes of sale, is fatally defective.
    Appeal from District Court, Morris County; R. T. Wilkinson, Judge.
    Hizzie Whitmore was convicted of the offense of possessing intoxicating liquor in violation of the Dean Law, as amended, and sentenced to two years in the penitentiary, and he appeals.
    Reversed, and prosecution ordered dismissed.
    J. H. French, Jr., and Henderson & Bolin, all of. Daingerfield, for appellant.
    It. 6. Storey, Asst. Atty. Gen., for the State.
   LATTIMORE, J.

Appellant was convicted in the district court of Morris county of the offense of possessing intoxicating liquor in violation of what is known as the Dean Law (Acts 36th Leg. 2d Called Sess., c. 78), and his punishment fixed at two years in the penitentiary.

By the terms of the amendment to the Dean Law enacted by the First Called Session of the Thirty-Seventh Legislature in the summer of 1921 (c. 61), the possession of such' liquor, in order to be punishable, must be shown by the indictment and proof to have been had for the purposes of sale. The indictment in the instant case does not contain such allegation. We have held that, for failure to allege that the possession was for the purpose of sale, an indictment attempting to charge this offense is fatally defective. That being true in the instant case, the judgment must be reversed, and the prosecution ordered dismissd. 
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