Legal Opinion

Rozier v. State

Court of Criminal Appeals of Texas

Decided November 9, 1921No. 6402Published

Appeal from the District Court of Franklin. Tried below before the Honorable R. T. Wilkinson. Appeal from a conviction of unlawfully transporting intoxicating liquors; penalty, one year imprisonment in the penitentiary. The opinion states the case. Cited cases in opinion.

1Opinion

ON REHEARING.

November 30, 1921.

HAWKINS, Judge.

The opinion states that appellant was convicted for “unlawfully transporting intoxicatirg liquor.” We were in error to this extent. The indictment charged him in one count with the unlawful “possession,” and in another with unlawful “transportation.” Both counts were submitted to the jury; a general verdict of guilty was returned, and judgment and sentence was for both possession and transportation. The contention is now made that since the amendment (1st and 2nd called Session, Thirty-seventh Legislature, page 233) it is not a violation of the…

2Cases cited4 opinions

  1. Southern v. StateCourt of Criminal Appeals of Texas · 1895
  2. Dent v. StateCourt of Criminal Appeals of Texas · 1901
  3. Pitner v. StateCourt of Criminal Appeals of Texas · 1897
  4. Hyroop v. StateCourt of Criminal Appeals of Texas · 1915

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