Bonilla v. State

• Decision Date: 25 January 1928
• Docket Number: (No. 11346.)
• Citation: 2 S.W.2d 248
• Parties: BONILLA v. STATE.
• Court: Texas Court of Criminal Appeals

2 S.W.2d 248

BONILLA v.STATE.

(No. 11346.)

Court of Criminal Appeals of Texas.

January 25, 1928.

Appeal from District Court, Live Oak County; T. M. Cox, Judge.

Jose Bonilla was convicted of unlawful possession of a still for the purpose of manufacturing intoxicating liquor, and he appeals.Affirmed.

T. H. Miller, of George West, and B. D. Tarlton, of Corpus Christi, for appellant.

A. A. Dawson, State's Atty., of Austin, for the State.

MORROW, P. J.

The unlawful possession of a still for the purpose of manufacturing intoxicating liquor is the offense; punishment fixed at confinement in the penitentiary for one year.

There are two bills of exceptions.One of them challenges the sufficiency of the application for a search warrant; the other relates to the statement by the appellant that he would show the officers where the barrel of mash was and that he did so.A discussion of the bills of exceptions is deemed unnecessary for the reason that the appellant became a witness in his own behalf and gave practically the same evidence that was given by the officers.He testified in substance that he possessed a still, mash, and other articles suitable for making whisky and which were intended for that purpose; that he had bought the still for the purpose of making whisky and intended to make that use of it.His testimony presented no defensive theory.The penalty assessed against him was the minimum.Under such circumstances, it may be conceded that the testimony...