Everett v. State

Court of Criminal Appeals of Texas
Everett v. State, 16 S.W.2d 1116 (Tex. Crim. App. 1929)
112 Tex. Crim. 339; 1929 Tex. Crim. App. LEXIS 355
Lattimore, Hawkins

Everett v. State

Opinion of the Court

LATTIMORE, Judge.

— Conviction for possessing intoxicating liquor for purposes of sale; punishment, one year in the penitentiary.

Upon his plea of guilty appellant was given the punishment mentioned. There is "in the record no statement of facts or bill of exceptions. The judgment and sentence are in conformity with the law.

No error appearing, the judgment will be affirmed.

Affirmed.

Addendum

*340 ON MOTION FOR REHEARING.

HAWKINS, Judge.

— Appellant predicates a motion for rehearing upon the contention that the indictment is duplicitous, thereby for the first time raising such question. We see no defect in the indictment in the particular mentioned. Even if it were vulnerable to such attack it comes too late after verdict. Melley v. State, 93 Tex. Cr. Rep. 522, 248 S. W. 367; Garner v. State, 100 Tex. Cr. Rep. 626, 272 S. W. 167; Ramsey v. State, 108 Tex. Cr. Rep. 182, 299 S. W. 411.

The motion for rehearing is overruled.

Overruled.

Reference

Full Case Name
Archie Everett v. the State
Cited By
1 case
Status
Published