Opinion
No. 13684.
Delivered February 4, 1931.
1. — Intoxicating Liquor — Evidence.
The evidence supports the verdict.
2. — Suspended Sentence — Procedure.
Where the trial court ignored the suspended sentence law, the judgment will be reformed so as to accord with that statute.
Appeal from the District Court of Runnels County. Tried below before the Hon. E. J. Miller, Judge.
Appeal from a conviction for the unlawful sale of intoxicating liquor; penalty, confinement in the penitentiary for two years.
Affirmed.
The opinion states the case.
Critz Woodward, of Coleman, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The unlawful sale of intoxicating liquor is the offense; penalty assessed at confinement in the penitentiary for two years.
In the indictment it is charged that the appellant sold liquor capable of producing intoxication to Alvie Baxter and Guy Holyfield. Baxter testified that he and Guy Holyfield together purchased from the appellant five pints of whisky for which they paid him three dollars. Appellant introduced no testimony.
There are no bills of exception in the record. The evidence is deemed sufficient to support the verdict.
In writing the judgment the court ignored the Indeterminate Sentence Law. The judgment should have condemned the appellant to confinement in the State penitentiary for a period of not less than one nor more than two years. The judgment is reformed in that particular, and as so reformed, it is affirmed.
Reformed and affirmed.