Epps v. State

MORROW, Peesidthg Judge.

—Appellant is condemned to confinement in the penitentiary for a period of three years of the offense of transporting intoxicating liquor.

He was indicated in separate counts for the unlawful transportation of intoxicating liquor and for the unlawful possession of intoxicating liquor. The count charging the unlawful possession is defective in that it fails to allege that the possession was for the purpose of sale. Francis v. State, 90 Texas Crim. Rep., 67; 234 S. W. Rep. 580.

No motion was made to quash the indictment, however, nor to compel an election between the…