Meadors v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

The indictment charged the sale of intoxicating liquor to-William Henderson, and also charged the possession of intoxicating liquor for the purpose of sale." There was evidence supporting both averments. It is the appellant’s contention that there being but one transaction, the court should have submitted but one of the counts. We understand the rule to be as stated by Mr. Branch in his Ann. Tex. P. C., Sec. 444 as follows:

“If different counts charging the same character of offense are inserted in the indictment to prevent a variance and there…