Court of Criminal Appeals of Texas, 1929

Everett v. State

Everett v. State
Court of Criminal Appeals of Texas · Decided April 3, 1929 · Lattimore, Hawkins
16 S.W.2d 1117; 112 Tex. Crim. 340; 1929 Tex. Crim. App. LEXIS 357 (South Western Reporter, Second Series)

Everett v. State

Opinion of the Court

LATTIMORE, Judge.

— Conviction for selling intoxicating liquor; 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 ex- *341 captions. The judgment and sentence are in conformity with the law. No error appearing, the judgment will be affirmed.

Affirmed.

Addendum

ON MOTION FOR REHEARING.

HAWKINS, Judge.

— Appellant predicates his motion for rehearing upon the contention that the indictment is duplicitous now for the first time raising that question. We see no vice in the indictment in the respect mentioned. Even if it were vulnerable to such an attack it comes .too late when made for the first time after conviction. Melley v. State, 93 Tex. Cr. R. 522, 248 S. W. 367; Ramsey v. State, 108 Tex. Cr. R. 182, 299 S. W. 411; Garner v. State, 100 Tex. Cr. R. 626, 272 S. W. 167.

The motion for rehearing is overruled.

, Overruled.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.