
    (86 Tex. Cr. R. 364)
    GIPSON v. STATE.
    (No. 5546.)
    (Court of Criminal Appeals of Texas.
    Dec. 10, 1919.)
    Criminal law <§=>273 — Evidence admissible TO DETERMINE PENALTY AFTER PLEA OF GUILTY.
    A plea of guilty under the Texas practice admits all the criminating facts alleged, and evidence is admitted only-to enable the jury to determine the penalty.
    Appeal from District Court, Smith County, J. R. Warren, Judge.
    Enoch Gipson was convicted of manufacturing intoxicating liquors, and he appeals.
    Affirmed.
    Alvin M. Owsley, Asst. Atty. Gen., for the State.
   I/ATTIMORE, J.

Appellant pleaded guilty in the district court of Smith county of the offense of manufacturing intoxicating liqu/or, and was given a penalty of one year in the penitentiary. A motion for a new trial was filed, upon the grounds that the liquor, vías not shown to be intoxicating, and that it wias not shown that the same was not made fior sacramental purposes. i

A plea of guilty, under our practice, admi ts all the criminating facts alleged, and evidence is admitted only for the purpose of enabling the jury to determine the penalty. Howevt ¡r, the evidence in the statement of facts in tt is ease shows that the liquor was intoxicatin g.

The charge of the court and the indictment appear to be in accordance with the law, and, finding no error, the judgment of the lower court is affirmed. 
      <g=>For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
     