Wright v. State

• Citation: 34 S.W.2d 598
• Decision Date: 03 December 1930
• Docket Number: No. 13947.,13947.
• Parties: WRIGHT v. STATE.
• Court: Court of Appeals of Texas. Court of Criminal Appeals of Texas

34 S.W.2d 598

WRIGHT v. STATE.

No. 13947.

Court of Criminal Appeals of Texas.

December 3, 1930.

Rehearing Denied January 21, 1931.

Appeal from District Court, Delta County; Grover Sellers, Judge.

R. L. Wright was convicted of unlawfully transporting intoxicating liquor, and he appeals.

Affirmed.

McKinney & Berry, of Cooper, for appellant.

Lloyd W. Davidson, State's Atty., of Austin, for the State.

MORROW, P. J.

The unlawful transportation of intoxicating liquor is the offense; penalty, confinement in the penitentiary for one year.

The record is here without statement of facts and bills of exceptions. No fault is perceived in the procedure.

The judgment is affirmed.

HAWKINS, J., absent.

On Motion for Rehearing.

HAWKINS, J.

Appellant's motion for rehearing is apparently predicated upon the assumption that an indictment charging the transportation of intoxicating liquor is not good unless it is averred that such transportation is for the purpose of sale. This is not the law. See Crowley v. State, 92 Tex. Cr. R. 103, 242 S. W. 472; Harrison v. State, 95 Tex. Cr. R. 513, 254 S. W. 975; Turner v. State, 95 Tex. Cr. R. 593, 255 S. W. 439; Harper v. State, 96 Tex. Cr. R. 429, 257 S. W. 1102; Bailey v. State, 97 Tex. Cr. R. 312, 260 S. W. 1057; Gandy v. State, 99 Tex. Cr. R. 143, 268 S. W. 951; Brown v. State, 101 Tex. Cr. R. 495, 276 S. W. 438.

The motion for rehearing is overruled.