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Smith v. State

79 S.W.2d 127, 1935 Tex. Crim. App. LEXIS 717
Procedural entryThis page is a short order in Smith v. State. Read the opinion of the Court — 120 Tex. Crim. 431 →
Court of Criminal Appeals of Texas·Decided February 13, 1935·No. No. 17220·Published

Opinion

' HAWKINS, Judge;

Appellant was convicted for manufacturing intoxicating liquor; punishment assessed at two years in the penitentiary.

The count in the indictment upon which appellant was convicted charged that in Angelina county he “did then and there unlawfully manufacture intoxicating liquor.” Under the holding in Offield v. State. (Tex. Cr. [128]*128App.) 75 S.W.(2d) 882, the indictment fails to charge an offense. The reasons fully appear in the discussion of the question in the Offield Case. See, also, Haynie v. State (Tex. Cr. App.) 76 S.W.(2d) 133, Oliver v. State (Tex. Cr. App.) 76 S.W.(2d) 134; Byrd v. State (Tex. Cr. App.) 76 S.W.(2d) 134.

The judgment is reversed, and the prosecution ordered dismissed under the present indictment.

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Smith v. State, 79 S.W.2d 127, 1935 Tex. Crim. App. LEXIS 717 (Tex. 1935).

79 S.W.2d 127 (Smith v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Offield v. State
75 S.W.2d 882 (Court of Criminal Appeals of Texas, 1934)
Haynie v. State
76 S.W.2d 133 (Court of Criminal Appeals of Texas, 1934)