Newton v. State

LATTIMORE, Judge.

Appellant was convicted in the District Court of Wood County of the possession of intoxicating liquor for the purpose of sale, and his punishment fixed at two years in the penitentiary.

Appellant moved to quash the indictment because the law under which same was drawn was in conflict with the Volstead act. The motion was properly overruled. Ex parte Gilmore, 88 Texas Crim. Rep., 529, 228 S. W. Rep., 199.

Appellant asked for a continuance because of the absence of three witnesses. The bill of exceptions shows that two of them appeared during the trial, and in our opinion the…