Court of Criminal Appeals of Texas, 1935

Havard v. State

Havard v. State
Court of Criminal Appeals of Texas · Decided January 23, 1935 · Morrow
78 S.W.2d 624; 1935 Tex. Crim. App. LEXIS 587 (South Western Reporter, Second Series)

Havard v. State

Opinion of the Court

MORROW, Presiding Judge.

The conviction is for- the unlawful manufacture of intoxicating liquor; penalty assessed at confinement in the penitentiary for two years.

The phase of the indictment upon which the judgment rests is that charging that appellant, β€œin the County of Angelina and State of. Texas, did then and there unlawfully manufacture intoxicating liquor against the peace and dignity of the State.”

The indictment is insufficient to charge an offense. It is subject to the same vice as that discussed in the case of Offield v. State (Tex. Cr. App.) 75 S.W.(2d) 882.

The judgment is reversed, and the prosecution ordered dismissed.

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