Opinion
No. 19859.
Delivered December 14, 1938.
Intoxicating Liquor (Whisky Possessed on Premises with Beer Permit).
Conviction for possessing whisky at a place where only beer could legally be sold reversed and present prosecution ordered dismissed because of repugnant penalties for the same offense (following Moran v. State, page 645 of this volume).
Appeal from the County Court of Tom Green County. Hon. Jim W. Stovall, Judge.
Appeal from conviction for possessing whisky at a place where only beer could legally be sold under a "beer permit"; penalty, fine of $100.
Judgment reversed and dismissal of prosecution ordered.
The opinion states the case.
W. E. Davenport, of San Angelo, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Conviction is for possessing whisky at a place where only beer could legally be sold under a "beer permit," punishment being a fine of $100.00.
The statute under which this prosecution proceeded was held inoperative because of repugnant penalties for the same offense in No. 19804, M. M. Moran v. State, opinion this date. [Page 645 of this volume.]
The same reasons here make it imperative to reverse the judgment and order the dismissal of the present prosecution.