Opinion
No. 12360.
Delivered January 9, 1929. Rehearing denied February 27, 1929.
1. — Transporting Intoxicating Liquor — No Statement of Facts — Nor Bills of Exceptions — Judgment Affirmed.
Where a record contains neither a statement of facts nor bills of exception, the judgment and the sentence and judgment appear to follow the charge laid in the indictment, the judgment must be affirmed.
ON REHEARING.2. — Same — Judgment — Will Be Reformed.
Where the judgment fails to take note of the law allowing the indeterminate sentence, same will be reformed so that the appellant will be found guilty of unlawfully transporting spirituous, vinous and malt liquors, and sentenced to confinement in the penitentiary for a period of not less than one nor more than two years. See Art. 847, C. C. P., 1925.
Appeal from the District Court of Montgomery County. Tried below before the Hon. J. L. Manry, Judge.
Appeal from a conviction for transporting intoxicating liquor; penalty two years in the penitentiary.
The opinion states the case.
McCall Crawford of Conroe, for appellant.
A. A. Dawson of Canton, State's Attorney, for the State.
Conviction for transporting intoxicating liquor; punishment, three years in the penitentiary.
We find in the record neither statement of facts nor bills of exception. The judgment and sentence appear to follow the charge laid in the indictment.
No error appearing, the judgment will be affirmed.
Affirmed.
ON MOTION FOR REHEARING.
The indictment contains two counts. In the first it is charged that the appellant did then and there unlawfully transport spirituous, vinous and malt liquors and intoxicating liquors capable of producing intoxication. In the second count it is charged that the appellant did then and there unlawfully have in his possession for the purpose of sale spirituous, vinous and malt liquors and intoxicating liquors capable of producing intoxication. The count charging transportation alone was submitted to the jury. There was a general verdict on which a judgment was entered describing the offense as "transporting intoxicating liquor as found by the jury." The judgment also fails to take note of the law allowing the indeterminate sentence.
The sentence and judgment will be reformed so that the appellant will be found guilty of unlawfully transporting spirituous, vinous and malt liquors, and sentenced to confinement in the penitentiary for a period of not less than one nor more than three years. See Art. 847, C. C. P. 1925. With such corrections the motion for rehearing is overruled.
Overruled.