Cook v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of McLennan. Tried below before the Honorable Richard I. Munroe. Appeal from a conviction of unlawfully possessing and transporting intoxicating liquors, etc.; penalty, one year imprisonment in the penitentiary. The opinion states the case.
1Opinion
ON REHEARING.
January 25, 1922.
HAWKINS, Judge.
Motion for rehearing was filed by the State on October 26, 1921. It it insisted that we overlooked in our former opinion the fact that by the third count in the indictment appellant was charged with “possession” of intoxicating liquor, and that the third not being subject to the complaint of duplicity, and the jury having returned a general verdict of guilty both for “transporting” and “pos session,” the conviction should be assigned to the third count. The second count in the indictment was duplicitious as held by this court in Todd v. State, 89…
2Cases cited4 opinions
- Todd v. StateCourt of Criminal Appeals of Texas · 1921
- Rozier v. StateCourt of Criminal Appeals of Texas · 1921
- Dossett v. StateCourt of Criminal Appeals of Texas · 1921
- Williams v. StateCourt of Criminal Appeals of Texas · 1921