On Motion for Rehearing.

Appellant insists in his motion that the indictment herein is fundamentally defective. We do not think so. Its averment was that appellant sold to a named person liquor capable of producing intoxication. This has often been held sufficient. There is no statement of facts in the record.

The motion for rehearing will be overruled.

' Unlawfully selling intoxicating liquor is the offense; penalty assessed at confinement in the penitentiary for three years.

The indictment appears regular and regularly presented. The facts heard before the trial judge are not brought forward for review. No complaints of the ruling of the trial court have been presented by bills of exception or otherwise.

No fundamental error having been perceived, the judgment is affirmed.