Opinion
No. 19733.
Delivered April 13, 1938. Rehearing denied May 18, 1938.
Intoxicating Liquor (Possessing for Sale in Dry Area) — Complaint and Information.
Where there was no material defect in the complaint and information charging defendant with possessing intoxicating liquor in dry territory for the purpose of sale, refusal to quash complaint and information was not error.
Appeal from the County Court of Cherokee County. Hon. J. W. Chandler, Jr., Judge.
Appeal from conviction for possessing intoxicating liquor in a dry territory for the purpose of sale; penalty, fine of $100 and thirty days in jail.
Affirmed.
The opinion states the case.
Gray Pope, of Tyler, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Conviction is for possessing for the purpose of sale intoxicating liquor in dry territory, punishment being a fine of $100.00 and thirty days in jail.
The record contains no statement of facts. The only bill of exception complains of the trial court's refusal to quash the complaint and information. We discover no material defect in the State's pleading.
The judgment is affirmed.
ON MOTION FOR REHEARING.
We think this case was properly disposed of in our original opinion herein.
The motion for rehearing will be overruled.