Shuffield v. State

Court of Criminal Appeals of Texas

Shuffield v. State

75 S.W.2d 885, 1934 Tex. Crim. App. LEXIS 937

CourtCourt of Criminal Appeals of Texas

DecidedOctober 31, 1934

DocketNo. 17026

StatusPublished

This text of 75 S.W.2d 885 (Shuffield 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.

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Shuffield v. State, 75 S.W.2d 885, 1934 Tex. Crim. App. LEXIS 937 (Tex. 1934).

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Opinion

CHRISTIAN, Judge.

The offense is transporting intoxicating liquor; the punishment, confinement in the-penitentiary for one year.

Omitting the formal parts, we quote the indictment as follows: “On or about the 27th day of December A. D. 1933, and anterior to the presentment of this indictment, in the county and state aforesaid C. H. Shuffield did then and there unlawfully transport liquor capable of producing intoxication.”

The indictment is fundamentally defective for the reasons stated in Bob Offield v. State (Tex. Cr. App.) 75 S.W.(2d) 882, opinion on motion for rehearing, this day delivered.

The judgment is reversed, and the prosecution ordered dismissed.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and approved by the court.

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