Jordan v. State

• Decision Date: 05 April 1922
• Docket Number: (No. 6838.)
• Parties: JORDAN v. STATE.
• Court: Texas Court of Criminal Appeals

239 S.W. 946

JORDAN v. STATE.

(No. 6838.)

Court of Criminal Appeals of Texas.

April 5, 1922.

Appeal from District Court, Cottle County; J. H. Milam, Judge.

M. A. Jordan was convicted of having in his possession equipment for manufacturing intoxicating liquor, and he appeals. Judgment reversed, and prosecution ordered dismissed.

Howard & Barrett, of Childress, for appellant.

R. G. Storey, Asst. Atty. Gen., for the State.

HAWKINS, J.

Appellant was convicted for having in his possession equipment for the manufacture of intoxicating liquor. Punishment was assessed at three years in the penitentiary.

Chapter 61, Acts 37th Legislature, 1st Called Sess. 1921 (Vernon's Ann. Pen. Code Supp. 1922, art. 588¼ et seq.), amending chapter 78 of the Acts of the 36th Legislature, 2d Called Sess. 1919, has been held to have repealed section 1 of said chapter 78, in so far as it made the possession of equipment for the manufacture of intoxicating liquor a crime. See Vernon's Ann. P. C. art. 16; Cox v. State (Tex. Cr. App.) 234 S. W. 531; McCowan v. State (Tex. Cr. App.) 234 S. W. 887; Betts v. State (Tex. Cr. App.) 235 S. W. 597; Harris v. State (Tex. Cr. App.) 236 S. W. 467; Kitchens v. State (Tex. Cr. App.) 236 S. W. 476; Stephenson v. State (Tex. Cr. App.) 236 S. W. 477.

The judgment of the trial court must be reversed, and the prosecution ordered dismissed.