Johnson v. State

• Decision Date: 13 October 1926
• Docket Number: (No. 10499.)
• Citation: 288 S.W. 223
• Parties: JOHNSON v. STATE.
• Court: Texas Court of Criminal Appeals

288 S.W. 223

JOHNSON v. STATE.

(No. 10499.)

Court of Criminal Appeals of Texas.

October 13, 1926.

Rehearing Denied November 24, 1926.

Appeal from Criminal District Court No. 2, Dallas County; C. A. Pippen, Judge.

S. M. Johnson was convicted of possessing equipment for the purpose of manufacturing intoxicating liquor, and he appeals. Affirmed.

J. T. Kelly and Noah Roark, both of Dallas, for appellant.

Sam D. Stinson, State's Atty., of Austin, and Robt. M. Lyles, Asst. State's Atty., of Groesbeck, for the State.

HAWKINS, J.

Conviction is for possessing equipment for the purpose of manufacturing intoxicating liquor; punishment being one year in the penitentiary.

The record is before this court without a statement of the facts proven on the trial. Complaint is made by bill of exception No. 1 at the refusal of the court to grant a severance and place one Moore, a codefendant, upon trial first. The court qualifies the bill by stating that said Moore was a fugitive from justice, and had never been arrested. Under such circumstances the court properly refused the request for severance. Article 651, C. C. P. 1925 Rev.; Anderson v. State, 8 Tex. App. 542; Crane v. State, 91 Tex. Cr. R. 304, 240 S. W. 920; Moore v. State, 96 Tex. Cr. R. 262, 257 S. W. 246.

There are numerous other bills of exception in the record. As presented, none of them are believed to show error. It is difficult to appraise bills relating to the admission of evidence without having before us the facts proven on the trial.

The judgment is affirmed.