Opinion
No. 13947.
Delivered December 3, 1930. Rehearing denied January 21, 1931.
1. — Intoxicating Liquor — Procedure.
Where the record is without statement of facts or bills of exception and no fault is manifest in the procedure, the case will be affirmed.
ON MOTION FOR REHEARING.2. — Intoxicating Liquor — Indictment.
It is not required that an indictment charging the transportation of intoxicating liquor shall allege that such transportation is for the purpose of sale.
Appeal from the District Court of Delta County. Tried below before the Hon. Grover Sellers, Judge.
Appeal from a conviction for unlawfully transporting intoxicating liquor; penalty, confinement in the penitentiary for one year.
The opinion states the case.
McKinney Berry of Cooper, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
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, J., absent.
ON MOTION FOR REHEARING.
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.Crim. R., 242 S.W. 472; Harrison v. State, 95 Tex.Crim. R., 254 S.W. 975; Turner v. State, 95 Tex.Crim. R., 255 S.W. 439; Harper v. State, 257 S.W. 1102; Bailey v. State, 97 Tex.Crim. R., 260 S.W. 1057; Gandy v. State, 99 Tex.Crim. R., 268 S.W. 951; Brown v. State, 101 Tex.Crim. R., 276 S.W. 438.
The motion for rehearing is overruled.
Overruled.