Trevinio v. State

MORROW, Presiding Judge.

Conviction is for the unlawful sale of intoxicating liquor; punishment fixed at confinement in the penitentiary for a period of one year.

An attack upon the indictment is made upon the ground that the allegation therein that the appellant did sell “one bottle of spirituous, vinous and intoxicating liquor, capable of producing intoxication” was duplicitous. We think the point is not well taken. The offense is the unlawful sale of intoxicating liquor. ■ The description of the liquor, that is, whether spirituous, or vinous, would at most be but a different means of…