Williams v. State

Decision Date10 December 1919
Docket Number(No. 5547.)
Citation216 S.W. 881
PartiesWILLIAMS v. STATE.
CourtTexas Court of Criminal Appeals

Appeal from District Court, Smith County; J. R. Warren, Judge.

Andy Williams was convicted of manufacturing intoxicating liquor, and he appeals. Affirmed.

Alvin M. Owsley, Asst. Atty. Gen., for the State.

LATTIMORE, J.

Appellant pleaded guilty, in the district court of Smith county, of the offense of manufacturing intoxicating liquor, and was given a penalty of one year in the penitentiary.

A motion for a new trial was filed upon the grounds that the liquor was not shown to be intoxicating, and that it was not shown that the same was not made for sacramental purposes.

A plea of guilty, under our practice, admits all the criminating facts alleged, and evidence is admitted only for the purpose of enabling the jury to determine the penalty. However, the evidence in the statement of facts in this case shows that the liquor was intoxicating. The charge of the court and the indictment appear to be in accordance with the law, and, finding no error, the judgment of the lower court is affirmed.

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5 cases
  • Crumbley v. State
    • United States
    • Texas Court of Criminal Appeals
    • February 10, 1926
    ...Tex. Cr. R. 513; Gipson v. State, 216 S. W. 870, 86 Tex. Cr. R. 364; Bell v. State, 216 S. W. 879, 86 Tex. Cr. R. 363; Williams v. State, 216 S. W. 881, 86 Tex. Cr. R. 366; Taylor v. State, 227 S. W. 679, 88 Tex. Cr. R. 470; Coats v. State, 215 S. W. 856, 86 Tex. Cr. R. 234; Terreto v. Stat......
  • Arcos v. State
    • United States
    • Texas Court of Criminal Appeals
    • April 23, 1930
    ...charged. Bennett v. State, 98 Tex. Cr. R. 661, 267 S. W. 987; Gipson v. State, 86 Tex. Cr. R. 364, 216 S. W. 870; Williams v. State, 86 Tex. Cr. R. 366, 216 S. W. 881." Under a plea of guilty the trial judge would not ordinarily think it necessary to charge upon the question of "malice afor......
  • Bennett v. State
    • United States
    • Texas Court of Criminal Appeals
    • December 3, 1924
    ...be overlooked. Gipson v. State, 86 Tex. Cr. R. 364, 216 S. W. 870; Bell v. State, 86 Tex. Cr. R. 363, 216 S. W. 879; Williams v. State, 86 Tex. Cr. R. 366, 216 S. W. 881; Coats v. State, 86 Tex. Cr. R. 234, 215 S. W. 856; Gumpert v. State, 88 Tex. Cr. R. 492, 228 S. W. The judgment will be ......
  • Aills v. State
    • United States
    • Texas Court of Criminal Appeals
    • January 29, 1930
    ...charged. Bennett v. State, 98 Tex. Cr. R. 661, 267 S. W. 987; Gipson v. State, 86 Tex. Cr. R. 364, 216 S. W. 870; Williams v. State, 86 Tex. Cr. R. 366, 216 S. W. 881. If at any time during the trial appellant came to the conclusion that the evidence was insufficient, and desired to act acc......
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