Tuckness v. State

The statement of facts is manifestly but a transcription of the stenographer's notes in question and answer form. It cannot be considered for the reason that it is not in compliance with the statute, Art. 846, C. C. P., as pointed out in the original opinion.

The indictment reads:

"* * * did then and there unlawfully possess a still for the purpose of unlawfully manufacturing spirituous, vinous and malt liquors capable of producing intoxication."

Appellant insists that the indictment is duplicitous. It is founded upon Chap. 22, Acts of 38th Leg., 2d Called Session, in which it is made unlawful…