*1 529 required by alleged the laws of the of Texas.” acts State The constituted County an offense whether not was a or Cherokee dry exception area. Hence the was not well taken. unnecessary deem appel-
We it to discuss the remainder of exceptions complaint. say lant’s to the it in Suffice to that our opinion complaint charge the and information are sufficient to the offense. brought
No statement of facts is forward. judgment
The is affirmed. foregoing opinion The Appeals of the Commission of has by Judges been Appeals examined the of the Court of Criminal approved by and the Court.
Charlie Horton v. The State. 23,
No. 19517. March Delivered 1938. Rehearing May 18, denied 1938. opinion
The states the case. ' Gilmer, McIntosh, W. A. appellant. of for Lloyd Davidson, Attorney, Austin, W. of State’s for the State. Judge selling intoxicating . The liquor offense is Christian, dry area; punishment, in a the a fine of $100.00. Rogers Boyd, inspector P. an Liquor of the Texas Control
530 bought 1937,
Board, April, a he testified that on the 17th of testimony appellant’s pint whisky appellant. of The of from to proof was sufficient The witnesses raised the issue of alibi. *2 Upshur County dry a area. show that was insufficient, brought exception are forward The two bills of verify incorporated the in said bills to in that no evidence is ground objections. A mere statement of a appellant’s truth of judge exception of the objection is not a certificate of in a bill of true; objection are of the facts which form the basis that the objection made. Branch’s Ann. merely an was that such it shows State, 209; 298 569. C., Buchanan v. S. W. P. Sec. judgment is affirmed. The Appeals has foregoing opinion the of of Commission
The Judges Appeals by the of Criminal the of Court examined been by approved the Court. and REHEARING. FOR
ON MOTION Judge Presiding motion for to the . Attached Morrow, denominated rehearing by appellant two documents are filed the Exception” he to have this Court which seeks Bills of “Corrected transcript appearing in the two bills in lieu of the consider which present the matter of to to insufficient held be which were trial court. not filed in the were complaint These bills is made. by this Court. Hence, they considered can not be rehearing is overruled. for The motion Clyde v. The State. James 6, April 1938. No. 19649. Delivered May 18, Rehearing 1938. denied