Fance v. State (13 S.W.2d 888, 1929)

MORROW, P. J.

The offense is the unlawful possession of a still for the manufacture of intoxicating liquor; punishment fixed by the jury at confinement in the penitentiary for a period of three years.

The judgment ánd sentence will be reformed so as to condemn the appellant to confinement in the penitentiary for a period of not less than one nor more than three years.

There is an absence of statement of facts and bills of exceptions. No fundamental error or irregularity in tbe trial is disclosed.

Tbe judgment is affirmed.

On Motion for Rebearing.

It was charged in tbe indictment tbat tbe appellant did then and there unlawfully possess and have in bis possession a still, mash, and equipment for tbe purpose of manufacturing spirituous, vinous, and malt liquors and intoxicating liquor capable of producing intoxication. In tbat. form the offense was submitted to tbe jury, and a general verdict was returned. In preparing tbe judgment, tbe offense was described as possessing a still, mash, etc. It also failed to give, tbe appellant tbe benefit of tbe indeterminate sentence. Tbe sentence followed tbe judgment. Tbe sentence and judgment will be reformed and corrected so as to bring them in accord with tbe charge of'the court and tbe'verdict — tbat is, to condemn tbe appellant to confinement in the penitentiary for a period of not less than one nor more than three years for the offense of possessing a still, mash, and equipment for the manufacture of intoxicating liq-' uor. With such corrections tbe motion for rehearing is overruled by virtue of article 47, C. C. P. 1925. See Fance v. State, No. 12362, 13 S.W.(2d) 887, this day decided.