West v. State

LATTIMORE, Judge.

— Conviction for possessing intoxicating liquor for purposes of sale; punishment, two years in the penitentiary.

This is the second appeal. Our opinion upon the former appeal will be found in 117 Texas Crim. Rep., 340, 37 S. W. (2d) 160.

Appellant, in this court, raises for the first time the right of the trial court to hold a session at the time the trial term of the court below was held. His contention rests on the fact that by the provisions of chapter 331, Acts Regular Session, 42d Legislature (Vernon’s Ann. Civ. St., art. 199, subd. 29), the times for holding court in the…