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79 S.W.2d 127

Smith v. State

Court of Criminal Appeals of Texas

Decided February 13, 1935

Court of Criminal Appeals of Texas · decided 1935-02-13

Decided 1935-02-13

' HAWKINS, Judge;

¶1Appellant was convicted for manufacturing intoxicating liquor; punishment assessed at two years in the penitentiary.

¶2The count in the indictment upon which appellant was convicted charged that in Angelina county he “did then and there unlawfully manufacture intoxicating liquor.” Under the holding in Offield v. State. (Tex. Cr. *128App.) 75 S.W.(2d) 882, the indictment fails to charge an offense. The reasons fully appear in the discussion of the question in the Offield Case. See, also, Haynie v. State (Tex. Cr. App.) 76 S.W.(2d) 133, Oliver v. State (Tex. Cr. App.) 76 S.W.(2d) 134; Byrd v. State (Tex. Cr. App.) 76 S.W.(2d) 134.

¶3The judgment is reversed, and the prosecution ordered dismissed under the present indictment.

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