Pearson v. State

The indictment consisting of a single count charges the offense of unlawfully transporting intoxicating liquor. That issue was submitted to the jury in the court’s charge, the verdict found appellant guilty of that offense, and of that offense the court in receiving and recording the verdict expressly declared him guilty. On this motion it is shown that appellant is condemned to the penitentiary for the offense of selling intoxicating liquor. In article 938, Vernon’s Ann. C. C. P., it is declared that “the Court of Criminal Appeals may reform and correct as the law and the nature of the case…