Vrazel v. State

233 S.W. 842, 90 Tex. Crim. 162, 1921 Tex. Crim. App. LEXIS 47

Opinions

LATTIMORE, Judge.

Appellant was convicted in the District-Court of Milam County for manufacturing and possessing intoxicating-liquor, not for medicinal, mechanical, scientific or sacramental purposes, and his punishment fixed at one year in the penitentiary.

There were two counts in the indictment. The trial court submitted only the second, which charged that appellant manufactured and. possessed the liquor in question, the jury being told in the charge that if they found appellant unlawfully manufactured or possessed such liquor they should convict. A motion to quash said count upon the ground that same was duplicitous and charged therein two separate and distinct felonies, was overruled, and our Assistant Attorney General concedes in his brief that under the authority of Todd v. State, 89 Texas Crim. Rep., 99, 229 S. W. Rep., 515, this was error. Finding ourselves in accord with his position, without discussion of the other matters raised on the appeal, the judgment will be.reversed and the cause ordered‘dismissed.

Reversed and dismissed.