Whitley v. State

BERRY, Judge.

The offense is transporting liquor, and the punishment is one year in the penitentiary.

There are no bills of exception in the record.

In the motion for a new trial appellant complains at the court’s action in receiving the verdict that was written and returned by the jury in this case. This verdict found the defendant guilty of unlawfully transporting liquor and assessed his punishment at a year in the penitentiary and recommended a suspended sentence. The facts show that appellant was thirty-seven years of age and for that reason was not entitled under the law to receive a…