Conviction of violating the local option law, punishment assessed being a fine of $25 and twenty days confinement in the county jail. The facts show that appellant had a package containing intoxicants in the express office, which had been sent to him 0. O. D.; that he let Condrum have one quart of it, and other parties the remainder. " Condrum and other friends furnished the money to pay the package out of the express office, as consideration for the whisky *342 they received. The facts of this case come strictly within the rule laid down by this court in Dunn v. State, 12 Texas Ct. Rep., 803; Tread-way v. State, 42 Texas Crim. Rep., 466; 2 Texas Ct. Rep., 415.

' Appellant also complains of the overruling of his motion for continuance. In the absence of a statement to the contrary, we will presume it is the second application. There is no diligence shown. Furthermore the testimony was cumulative, as will be seen from a casual inspection of the statement. There is no error in the record, and the judgment is affirmed.

Affirmed.