
    Dutch SMOOT v. STATE.
    No. 13738.
    Court of Criminal Appeals of Texas.
    Nov. 5, 1930.
    Rehearing Denied Dec. 17, 1930.
    Ridgell & Saunders, of Pampa, Hart & Patterson and Hardy Hollers, all of Austin, and Lockhart, Garrard & Brown, of Lubbock, for appellant.
    Lloyd W. Davidson, State’s Atty., of Austin, for the State.
   MORROW, P. J.

Unlawfully selling intoxicating liquor is the offense; penalty, confinement in the penitentiary for one year.

The record is before us without statement of facts or bills of exceptions. No fundamental error has been perceived or pointed out.

The judgment is affirmed.

HAWKINS, J., absent.

On Motion for Rehearing.

LATTIMORE, J.

The same contentions are made in this case that appear in cause No. 13737, Dutch Smoot v. State (Tex. Cr. App.) 32 S.W.(2d) 1116, opinion this day handed down. Eor the reasons there advanced, the motion for rehearing in the instant ease will be overruled.  