Henson v. State

BAKER, Judge. —

The appellant was convicted of unlawfully manufacturing intoxicating liquor, and his punishment assessed at one year in the penitentiary.

This is the second appeal of this case to this court. The first appeal will be found in 101 Tex. Crim. Rep. 617, 276 S. W. 926, where a sufficient statement of the facts is given.

The record contains five bills of exception. Bill No. 1 complains of the refusal of the court to submit to the jury, appellant’s application for a suspended sentence, the court’s refusal being based upon the fact that the appellant, at the time of the alleged offense,…