
    COATS v. STATE.
    (No. 5550.)
    (Court of Criminal Appeals of Texas.
    Nov. 12, 1919.)
    1. Criminal law <&wkey;1137(7) — On appeal after PLEA OF GUILTY, DEFENDANT CANNOT URGE INSUFFICIENCY OF EVIDENCE.
    Where defendant entered a plea of guilty to a charge of the unlawful manufacturing of intoxicating liquors and was assessed the lowest penalty, he is not in a position to urge as a ground for reversal the insufficiency of the evidence to prove his guilt.
    2. Criminal law <&wkey;304(20) — Judicial notice THAT WHISKY WAS INTOXICATING.
    In a prosecution for the unlawful manufacturing of intoxicating liquors, where defendant admitted that he made whisky, further proof was not required to show that the whisky was intoxicating.
    Appeal from District Court, Smith County; J. R. Warren, Judge.
    Jacob Coats was convicted of the unlawful manufacture of intoxicating liquors, and he appeals.
    Judgment affirmed.
    Alvin M. Owsley, Asst. Atty. Gen., for the State. .
   MORROW, J.

The appellant is charged with the unlawful manufacture of intoxicating liquors. He entered a plea of guilty, and was assessed the lowest penalty. Under these circumstances he is not in position to urge as a ground for reversal the insufficiency of the evidence to prove his guilt. Doans v. State, 36 Tex. Cr. R. 468, 37 S. W. 751; Shelton v. State, 30 Tex. 431; Woodall v. State, 58 Tex. Cr. R. 513, 126 S. W. 592; Josef v. State, 33 Tex. Cr. R. 251, 26 S. W. 213. If we were to look to the evidence, however, it is sufficient to sustain the verdict. He admitted that he made whisky, and further proof was not required to show that the liquor was intoxicating. Rutherford v. State, 49 Tex. Cr. R. 21, 90 S. W. 172.

The judgment is affirmed.  