Poe v. State

Conviction is for manufacturing whisky; punishment being two.years in the penitentiary.

No question was raised in the lower court relative to the presentment of the' indictment, but appellant now attempts to raise on appeal a complaint that the record fails to show that the indictment was presented by a grand jury in open court. He refers us to Hardy v. State, 1 Tex. App. 556; English v. State (Tex. App.) 18 S. W. 678; Hollingsworth v. State, 87 Tex. Cr. R. 399, 221 S. W 978; Hickox v. State, 95 Tex. Cr. R. 173, 253 S. W 823., All of these cases show that the question was presented in limine…