¶1The offense is transporting intoxicating liquor; the punishment, confinement in the-penitentiary for one year.
¶2Omitting the formal parts, we quote the indictment as follows: “On or about the 27th day of December A. D. 1933, and anterior to the presentment of this indictment, in the county and state aforesaid C. H. Shuffield did then and there unlawfully transport liquor capable of producing intoxication.”
¶3The indictment is fundamentally defective for the reasons stated in Bob Offield v. State (Tex. Cr. App.) 75 S.W.(2d) 882, opinion on motion for rehearing, this day delivered.
¶4The judgment is reversed, and the prosecution ordered dismissed.
¶5PER CURIAM.
¶6The foregoing opinion of the Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and approved by the court.