¶1The offense is transporting intoxicating liquor; the punishment, confinement in the penitentiary for one year.
¶2Omitting formal parts, the indictment alleged that appellant, in Erath county, Tex., “did then and there unlawfully transport liquor capable of producing intoxication.” Eor the reasons stated in Offield v. State (Tex. Cr. App.) 75 S.W.(2d) 882, the indictment is fundamentally defective.
¶3The judgment is reversed, and the prosecution ordered dismissed.
¶4PER CURIAM.
¶5The foregoing opinion of the Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and approved by the court.