Russell v. State

Court of Criminal Appeals of Texas

Russell v. State

78 S.W.2d 970, 1935 Tex. Crim. App. LEXIS 653

CourtCourt of Criminal Appeals of Texas

DecidedJanuary 30, 1935

DocketNo. 17205

StatusPublished

Cited by2 cases

This text of 78 S.W.2d 970 (Russell v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Russell v. State, 78 S.W.2d 970, 1935 Tex. Crim. App. LEXIS 653 (Tex. 1935).

Pincite

Opinion

MORROW, Presiding Judge.

The offense is the unlawful possession of. spirituous liquors capable of producing intoxication ; penalty assessed confinement in the penitentiary for two years.

The indictment appears regular and properly presented.

In the absence of the facts heard upon the trial, the presumption must prevail that the evidence is sufficient to support the conviction ; also, that the charge of the court properly presented the issues to the jury, including the application for a suspended sentence.

In the absence of the statement of facts, the court is not in a position to pass upon or appraise the qriticisms of the charge of the court.

The sentence is regular and orders the appellant to confinement in the state penitentiary for a period of not less than one nor more than two years.

The judgment is affirmed.

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