Offield v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

Omitting formal parts the indictment alleged that appellant in Winkler County, Texas, had in his “possession for the purpose of sale intoxicating liquor.” No further description of the liquor or of the territory in which sold, is found in the indictment. The judgment of affirmance was based on the case of Butts v. State (126 Texas Crim. Reports, 563), 73 S. W. (2d) 96. Appellant’s motion for rehearing urges that the opinion in said case is wrong in the light of the amendment to section 20, article 16 of the State Constitution (see Acts 1933, p. 971, and…