286 S.W. 1090 | Tex. Crim. App. | 1926
Lead Opinion
Conviction is for possession of equipment for the manufacture of intoxicating liquor. Punishment is assessed at one year in the penitentiary.
The record contains neither bills of exception nor statement of facts. We observe, however, that the judgment as entered condemned appellant to be guilty of the manufacture of intoxicating liquor. The sentence, however, recites that he was convicted of the
The judgment will be reformed, condemning appellant to be guilty of possession of equipment for the manufacture of intoxicating liquor, and, as thus reformed, the judgment is affirmed.
Rehearing
On Motion for Rehearing.
The only complaint in the appellant’s motion is that we failed to discuss and specifically pass upon his motion to quash the second count in the indictment. Said count charges appellant with having in his possession for the purpose of manufacturing spirituous, vinous, malt, and intoxicating liquors, capable of producing intoxication, certain equipment, to wit, one pot, one thump keg, one flake stand, one worm, and connections used in connecting said equipment. The ground of the motion was that the pleader charged more than one felony in said single count. We do not think so. It is well settled and understood that one may charge an assault upon another with an axe, knife, a pistol, a club, etc, in the same count, and same would not be duplicitous. Manifestly the possession of all of the articles named, at the same time, would constitute but a single criminal act, transaction, and offense. In our opinion the indictment in this case charges but one offense, and is not open to the objection urged.
The motion for rehearing will be overruled.