Opinion
No. 16429.
Delivered June 27, 1934.
Intoxicating Liquor.
Same question as that presented in case of C. A. De Jean v. State, Opinion No. 16428, reported on page 575 of this volume.
Appeal from the District Court of Potter County. Tried below before the Hon. Henry S. Bishop, Judge.
Appeal from conviction for transportation of potable liquor containing prohibited percentage of alcohol; penalty, confinement in penitentiary for one year.
Reversed and remanded.
The opinion states the case.
E. T. Miller, of Amarillo, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The offense is the transportation of potable liquor containing a prohibited percentage of alcohol; penalty assessed at confinement in the penitentiary for one year.
The opinion formerly rendered herein is withdrawn and the following substituted in lieu thereof:
The case of C. A. DeJean v. The State of Texas, No. 16,428, this day delivered, and the present appeal are companion cases. The question here presented is identical with that considered in DeJean's case. Hence we content ourselves with referring to the opinion mentioned.
(Reported on page 575 of this volume.)
The judgment is reversed and the cause remanded.
Reversed and remanded.