Stansbury v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

As stated in our original opinion the first count of the indictment was bad under the holding in the case of Offield v. State, 75 S. W. (2d) 882. Under the same authority the second count was bad in so far as it alleged the possession for sale of “beer.” So far as the present indictment is concerned the averment as to “beer” may be disregarded as surplusage. As to such liquor no offense is charged, and it may be eliminated without impairment of the indictment as charging the possession of whisky for the purpose of sale. Branch’s Ann. Tex. P. C., sec 497,…