250 S.W. 681 | Tex. Crim. App. | 1923
Appellant was charged in separate counts with the possession of intoxicating liquor for the purpose of sale and of the unlawful transportation of such liquor.
From the bill of exceptions, it appears that preliminary to the trial, appellant, by motion duly presented, requested that he be furnished a copy of the indictment against him. This was refused on the theory that by his failure to demand it earlier, the appellant had waived his right to such copy. It is true that the right to make such demand may be waived either expressly or by conduct of the accused. Barrett v. State, 9 Texas Crim. App. 33; Rice v. State, 49 Tex.Crim. Rep.; Keener v. State,
We note also that there are two counts in the indictment charging separate felonies. The jury found him guilty of both and he was adjudged guilty of both. He should have been adjudged guilty of but one offense. Banks v. State,
The judgment is reversed and the cause remanded.
Reversed and remanded.
