
    HARPER v. STATE.
    (No. 8314.)
    (Court of Criminal Appeals of Texas.
    Jan. 30, 1924.)
    Intoxicating liquors <&wkey;>2IO — In prosecution for unlawful transportation, not necessary to aver transportation for sale.
    That liquor was transported for sale is not a necessary averment in indictment for unlawful transportation of intoxicating liquor.
    Appeal from District Court, Titus County ; R. T. Wilkinson, Judge.
    Ernest Harper was convicted of unlawfully transporting intoxicating liquor, and he appeals.
    Affirmed.
    Tom Garrard. State’s Atty., of Midland, and Grover C. Morris, Asst. State’s Atty., of Austin, for the State.
   MORROW, P. J.

The offense is the unlawful transportation of intoxicating liquor: punishment fixed at confinement'in the penitentiary for a period of one year.

No facts are brought forward for review.

An exception was taken .to the sufficiency of the indictment’upon the ground that it failed to contain an averment that the intoxicating liquor was transported for sale. .Such an averment was not necessary. See Crowley v. State, 92 Tex. Cr. R. 103, 242 S. W. 472; Johnson v. State, 93 Tex. Cr. R. 150, 245 S. W. 710.

The judgment is affirmed.  