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78 S.W.2d 970

Russell v. State

Court of Criminal Appeals of Texas

Decided January 30, 1935

Court of Criminal Appeals of Texas · decided 1935-01-30

Cited by 2 later decisions — most recently July 1984

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1935-01-30

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MORROW, Presiding Judge.

¶1The offense is the unlawful possession of. spirituous liquors capable of producing intoxication ; penalty assessed confinement in the penitentiary for two years.

¶2The indictment appears regular and properly presented.

¶3In the absence of the facts heard upon the trial, the presumption must prevail that the evidence is sufficient to support the conviction ; also, that the charge of the court properly presented the issues to the jury, including the application for a suspended sentence.

¶4In the absence of the statement of facts, the court is not in a position to pass upon or appraise the qriticisms of the charge of the court.

¶5The sentence is regular and orders the appellant to confinement in the state penitentiary for a period of not less than one nor more than two years.

¶6The judgment is affirmed.

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