
    WYATT v. STATE.
    (No. 6750.)
    (Court of Criminal Appeals of Texas.
    March 22, 1922.)
    ■Criminal law <&wkey;14 — Prosecution for unlawful possession of liquor dismissed where after conviction statute was amended.
    Prosecution for unlawful possession, of liquor not alleged to have been for purpose of sale will be dismissed where amendment of statute requiring possession to have been for such purpose was made subsequent to conviction.
    Appeal from District Court, Newton ■County; Y. H. Stark, Judge.
    John Wyatt was convicted of the unlawful possession of intoxicating liquor, and appeals.
    Reversed, and prosecution ordered dismissed.
    Wightman & Forse, of Newton, and G. E. Richardson, of Jasper, for appellant.
    R. G. Storey, Asst. Atty. Gen., for the State.
   MORROW, P. J.

The conviction is for the unlawful possession of intoxicating liquor, and was had before the amendment of the statute denouncing that offense. The statute so modified the law as to limit the offense to the possession of intoxicating liquor for the purpose of sale.

The indictment, as drawn, does not contain this limitation, and therefore will not support the conviction. See Francis v. State (Tex. Cr. App.) 235 S. W. 580, and Ex parte Mitchum (Tex. Cr. App., No. 6772) 237 S. W. 936, not yet [officially] reported.

The judgment is reversed, and the prosecution ordered dismissed.  