Opinion
No. 19782.
Delivered December 14, 1938.
Appeal.
Conviction for possessing whisky at a place where only beer could legally be sold under a beer permit, reversed and prosecution ordered dismissed for reasons stated in Moran v. State (page 645 of this volume).
Appeal from the County Court of Somervell County. Hon. O. J. Covey, Judge.
Appeal from possessing whisky at a place where only beer could legally be sold; penalty, fine of $100.
Judgment reversed and prosecution ordered dismissed.The opinion states the case.
E. T. Adams, of Glen Rose, 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.