Smith v. State
Court of Criminal Appeals of Texas
■ Appeal from the District Court of Franklin. Tried below before the Honorable R. T. Wilkinson. Appeal from a conviction of unlawfully possessing intoxicating liquors, etc.; penalty, two years imprisonment in the penitentiary. The opinion states the case. Cited cases in opinion.
1Opinion of the Court
MORROW, Presiding Judge.
Appellant was indicted in separate counts for the unlawful possession of intoxicating liquor, the unlawful manufacture of intoxicating liquor, and for the unlawful possession of equipment for making intoxicating liquor.
The court instructed the jury upon each of these counts, and, upon the verdict of the jury, appellant was convicted of unlawfully possessing intoxicating liquor and of unlawfully manufacturing intoxicating liquor.
Appellant made a timely motion to require an election between the counts, and complains of the refusal of the court to grant this motion. When…
2Cases cited3 opinions
- Moore v. StateCourt of Criminal Appeals of Texas · 1897
- Todd v. StateCourt of Criminal Appeals of Texas · 1921
- Thomas v. StateCourt of Criminal Appeals of Texas · 1921
3Cited by26 opinions
- Callins v. StateCourt of Criminal Appeals of Texas · 1989
- Banks v. StateCourt of Criminal Appeals of Texas · 1922
- Modica v. StateCourt of Criminal Appeals of Texas · 1923
- Guse v. StateCourt of Criminal Appeals of Texas · 1923
- Young v. StateCourt of Criminal Appeals of Texas · 1922
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