Court of Criminal Appeals of Texas, 1935

Townsend v. State

Townsend v. State
Court of Criminal Appeals of Texas · Decided March 20, 1935 · Christian
80 S.W.2d 980; 1935 Tex. Crim. App. LEXIS 795 (South Western Reporter, Second Series)

Townsend v. State

Opinion of the Court

CHRISTIAN, Judge.

The offense is selling intoxicating liquor; the punishment, confinement in the penitentiary for one year.

Omitting the formal parts, the indictment under which appellant was convicted reads as follows: β€œOla Townsend did then and there unlawfully sell to J. A. Volte liquor capable of producing intoxication.” The indictment is fundamentally defective for the reasons stated in Offield v. State (Tex. Cr. App.) 75 S.W.(2d) 882.

The judgment is reversed, and the prosecution ordered dismissed.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and approved by the court.

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