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403 S.W.2d 153

Brown v. State

Court of Criminal Appeals of Texas

Decided April 13, 1966

Court of Criminal Appeals of Texas · decided 1966-04-13

Relies on 161 Tex. Crim. 53 - Redding v. State · 162 Tex. Crim. 206 - Bobbitt v. State · 171 Tex. Crim. 361 - Owen v. State

Decided 1966-04-13

WOODLEY, Judge.

¶1The offense is the unlawful possession of beer, whiskey, gin, vodka and wine in a dry area for the purpose of sale; the punishment, 365 days in jail and a fine of $1,000.

¶2The reeord contains no bills of exception.

¶3The statement of facts is in narrative form and reflects that evidence was introduced showing that the area was dry; that when officers arrived at the premises of the appellant he said: “Come on in. I have plenty to sell,” and the officers found in appellant’s possession 43 quarts of beer, 7 one-half pints of whiskey, 4 one-half pints of gin, 4 one-half pints of vodka and 47 ji quarts of wine, which was introduced in evidence.

¶4Also, a witness testified that on the date alleged in the complaint and information and prior to the raid by the officers, he purchased a bottle of wine from appellant.

¶5The evidence is sufficient to sustain the conviction.

¶6The statement of facts being in narrative form, no informal bills are before us for review. Owen v. State, 171 Tex.Cr.R. 361, 350 S.W.2d 542; Bobbitt v. State, 162 Tex.Cr.R. 206, 283 S.W.2d 946; Redding v. State, 161 Tex.Cr.R. 53, 274 S.W.2d 712; Art. 759a, § 2 Vernon’s Ann. C.C.P.

¶7The judgment is affirmed.

¶8ON APPELLANT’S MOTION FOR REHEARING

DICE, Commissioner.

¶9Appellant insists that the errors upon which his appeal is predicated are now *154presented to this court by a bill of exception contained in a supplemental transcript filed in the cause since our original opinion was delivered on April 13, 1966.

¶10On April 18, 1965, there was filed with the clerk of this court an instrument under the hand and seal of the clerk of the county court of Andrews County, dated April 15, 1965, in which instrument it is certified that:

the above and foregoing is a true and correct copy of:
Notes taken by Deputy County Clerk at time of Trial
as the same is taken from the original instruments filed in Cause No. 2813, County Court Criminal.”

¶11The instrument in such form does not constitute either a formal or an informal bill of exception, under Article 760d or 759a of Vernon’s Annotated Code of Criminal Procedure, which were in force at the time of appellant’s trial and conviction, and therefore the instrument cannot be considered.

¶12The motion for rehearing' is overruled.

¶13Opinion approved by the court.

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