McLain v. State

CHRISTIAN, Judge.

— The offense is transporting intoxicating liquor; the punishment, confinement in the penitentiary for three years.

Appellant pleaded guilty. He developed the fact that Cap Henderson had, at the last term of the court, been convicted in a companion case and his punishment assessed at five years confinement in the penitentiary.

Bill of exception No. 1 sets forth appellant’s motion for a new trial. The bill also contains the testimony heard upon the trial of a companion case against Cap Henderson. This testimony is substantially the same, as far as the State’s case is concerned,…