Tyner v. State

HAWKINS, Judge. —

Appellant was convicted of having in his possession distilled liquor at a place where he had legal permit to sell vinous and malt liquor, and his punishment assessed at a fine of one hundred dollars. Prosecution was under subsection (c), Sec. 3, Art. 1, Ch. 467, 44th Legislature.

No attack was made on the indictment in the court below either by motion to quash or in arrest of judgment, but it is here criticised as being defective under the holding in Gremillion v. State, 100 S. W. (2d) 106; Teal v. State, 100 S. W. (2d) 107; Kelly v. State, 102 S. W. (2d) 211. It will be noted…