Wright v. State

Court of Criminal Appeals of Texas December 3, 1930

Wright v. State, 116 Tex. Crim. 355 (Tex. Crim. App. 1930)

34 S.W.2d 598

Hawkins, Morrow

Opinion of the Court

MORROW, Presiding Judge.

The unlawful transportation of intoxicating liquor is the offense; penalty, confinement in the penitentiary for one year.

The record is here without statement of facts and bills of exception. No fault is perceived in the procedure.

The judgment is affirmed.

' Affirmed.

Hawkins, ]., absent.

ON MOTION FOR REHEARING.

HAWKINS, JUDGE.

Appellant’s motion for rehearing is apparently predicated upon the assumption that an indictment charging the transportation of intoxicating liquor is not good unless it is averred that such transportation is for the purpose of sale. This is not the law. See Crowley v. State, 92 Tex. Cr. R. 103, 242 S. W. 472; Harrison v. State, 95 Tex. Cr. R. 513, 254 S. W. 975; Turner v. State, 95 Tex. Cr. R. 593, 255 S. W. 439; Harper v. State, 257 S. W. 1102; Bailey v. State, 97 Tex. Cr. R. 312, 260 S. W. 1057; Gandy v. State, 99 Tex. Cr. R. 143, 268 S. W. 951; Brown v. State, 101 Tex. Cr. R. 495, 276 S. W. 438.

The motion for rehearing is overruled.

Overruled.