Murphey v. State

MORROW, Presiding Judge.

The offense is the unlawful transportation of intoxicating liquor, punishment fixed at confinement in the penitentiary for one year.

The fact that in writing the indictment the word “intoxication” was misspelled by the omission of the letter “x,” thereby forming the word “intoication,” would not require a reversal of the judgment. It has often been held that bad spelling will not vitiate an indictment if the sense is not affected and the meaning cannot be mistaken. See Branch’s Ann. Tex. P. C., Sec. 490, and cases collated, including Brumley v. State, 11 Tex. Crim. App.…