Coursey v. State

ON REHEARING.

April 16, 1924

LATTIMORE, Judge.

Appellant insists that because the indictment contained two counts and the verdict was general and did not assess the lowest penalty, we erred in affirming his case. He cites 246 S. W. Rep., 377; 247 S. W., Rep., 520; 249 S. W. Rep., 497; 251 S. W. Rep., 229; 252 S. W. Rep., 550, and 256 S. W. Rep., 273. The styles of these causes are not given, and we regret that we could not find the last' citations.

Appellant was charged in one count in the indictment with the sale of liquor and in the other count with the delivery of same. The evidence showed…