Court of Criminal Appeals of Texas, 1916

Galindo v. State

Galindo v. State
Court of Criminal Appeals of Texas · Decided March 8, 1916 · Prendergast
183 S.W. 886 (South Western Reporter)

Galindo v. State

Opinion of the Court

PRENDERGAST, P. J.

Appellant was convicted for the violation of the local option liquor prohibition law, a felony, and his punishment assessed at the lowest prescribed by law.

[1, 2] There is neither a bill of exceptions *887nor a statement of facts in the record. The only question, in the absence of these, which can be reviewed is appellant’s motion in arrest of judgment, wherein he contends that the indictment is fatally defective, in that the liquor alleged to have been sold by appellant was beer, contending that in addition to such allegation, it is necessary to allege that beer was an intoxicating liquor. This question has been expressly decided against appellant in Moreno v. State, 64 Tex. Cr. R. 660, 143 S. W. 156, Ann. Cas. 19140, 863. Hence the court did not err in overruling his motion.

The judgment will be affirmed.

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