274 S.W. 149 | Tex. Crim. App. | 1925
Lead Opinion
Appellant was convicted in the district court of Concho County for the unlawful possession of a still for the purpose of manufacturing intoxicating liquor, and his punishment assessed at confinement in the penitentiary for a term of one year.
The record is before us without bills of exception or statement of facts, and as presented there is nothing showing reversible error in the case. There is found among the papers in the case what purports to be the testimony taken on the defendant's motion for a new trial. This testimony cannot be considered for the following reasons: First, because it is in question and answer form; Second, because the said testimony is not approved as correct by the trial judge.
There being nothing in the record showing any error, it is our opinion that the judgment should in all things be affirmed.
Affirmed.
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.
Addendum
Appellant contends in his motion for rehearing that the statute upon which this conviction is based is too indefinite and uncertain upon which to sustain a conviction, and that it is so vague and uncertain as to come within Art. 1, Sec. 6, P. C. of the Constitution of Texas; in fact that there is no law denouncing the offense for which appellant was convicted and that it is not against the law to possess a still for the purpose of manufacturing intoxicating liquor.
We cannot agree with appellant's contention, and the opinions of this court in direct conflict with this contention have been so numerous as to make it unnecessary to again write upon this question.
Appellant's motion for rehearing is overruled.
Overruled.
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. *9
