Nichols v. State

DAVIDSON, Judge.

The unlawful possession of whisky for the purpose of sale in a dry area is the offense; the punishment, a fine of $100.00. '

Prior to announcing ready for trial, appellant filed a motion for severance, asking that one K. P. Jones — who was then under separate accusation for an offense growing out of the same transaction as that charged against appellant — be first tried. The motion complied with the statutory prerequisites. (Art. 651, C. C. P.)

Appellant’s exception to the action of the trial court in overruling the motion is preserved by a proper bill of exception, unqualified…