Bell v. State

216 S.W. 879, 86 Tex. Crim. 363, 1919 Tex. Crim. App. LEXIS 434

Opinion

LATTIMORE, Judge.

—Appellant plead 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 en abling 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. "

Affirmed.