Opinion
No. 19349.
Delivered February 9, 1938.
Intoxicating Liquor (Possessing for Sale) — Information.
Where, in conviction for possessing whisky for the purpose of sale, the information charged only that defendant possessed whisky and omitted to charge that the whisky was possessed "for the purpose of sale," no offense was charged.
Appeal from the County Court of Wood County. Hon. Jon Russell, Judge.
Appeal from conviction for possessing whisky for the purpose of sale; penalty, fine of $100.
Reversed and prosecution ordered dismissed.
The opinion states the case.
Ramey A. Smith, of Sulphur Springs, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Conviction is for possessing whisky for the purpose of sale, punishment being a fine of one hundred dollars.
We observe that while the complaint alleges that appellant possessed the whisky for the purpose of sale, the information omits the italicized words, charging only that he possessed whisky. No offense is charged in the information. Petit v. State, 90 Tex.Crim. Rep., 235 S.W. 579; Williams v. State, 90 Tex.Crim. Rep., 235 S.W. 1092.
The judgment is reversed and prosecution ordered dismissed under the present information.
Reversed and prosecution ordered dismissed.