Opinion
No. 21878.
Delivered February 4, 1942.
1. — Intoxicating Liquor.
Where, in prosecution for possessing whisky for purpose of sale in dry area, no bills of exception or statement of facts were found in the record, and the record failed to show any motion to quash the State's pleadings, or any motion in arrest of judgment, based upon any claimed defect therein, and the complaint and information were not defective, as claimed in the brief filed in behalf of defendant, on the ground that they did not sufficiently allege the holding of a prohibition election, the result thereof, the order of the court declaring the result, nor the publication of the order, the conviction was affirmed.
Appeal from County Court of Young County. Hon. Raymon Thompson, Judge.
Appeal from conviction for possessing whisky for purpose of sale in a dry area; penalty, confinement in jail for five months.
Affirmed.
The opinion states the case.
Jimmie Cunningham, of Lubbock, for appellant.
Spurgeon E. Bell, State's Attorney, of Austin, for the State.
Conviction is for possessing whisky for the purpose of sale in a dry area, punishment assessed being five months in jail.
No bills of exception or statement of facts are found in the record. The record fails to show any motion to quash the State's pleading, or any motion in arrest of judgment based upon any claimed defect therein.
In a brief filed in behalf of appellant an attack is made on the complaint and information on the ground that they do not sufficiently allege the holding of a prohibition election, the result thereof, the order of the court declaring the result, nor the publication of the order.
We discover no such vice in the pleadings as claimed by appellant.
The judgment is affirmed.