Luttrell v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

Appellant was charged in the first count of the indictment with transportation and in the second count with' possession of intoxicating liquor for the purpose of sale. Both counts were submitted, the court omitting to instruct the jury that they could convict on one count only, but on the contrary authorized a verdict of guilty on both counts. The verdict found appellant guilty “under the first and second counts” and assessed the punishment at confinement in the penitentiary for three years. The minimum punishment for either offense is one year. (Art.…