Johnston v. State

KRUEGER, Judge..

The appellant was tried and convicted of the offense of unlawfully selling intoxicating liquor, and his punishment assessed at confinement in the state penitentiary for a term of one year.

This case was before this court at a former day, and the judgment of the trial court was reformed and affirmed. The appellant, within the time prescribed by law, filed' a motion for rehearing in which he directs our attention to a defect in the indictment. We have inspected the indictment and have reached the conclusion that the appellant’s contention must be sustained, under the ruling of…