
    George BOOKER v. STATE.
    (No. 8613.)
    (Court of Criminal Appeals of Texas.
    Feb. 11, 1925.
    Reinstated and Affirmed March 18, 1925.)
    Appeal from District Court, Kaufman County; Joel R. Bond, Judge.
    Bumpass & Wade, of Terrell, for appellant.
    Tom Garrard, State’s Atty., and Grover C. Morris, Asst. State’s Atty., both of Austin, for the Sta.te.
   MORROW, P. J.

The offense is the unlawful sale of intoxicating liquor; punishment fixed at confinement in the penitentiary for a period of one year. The purported recognizance set out in the record is defective in failing to state the name of the offense. See article 903, C. C. P. The motion of the state to dismiss the appeal must be sustained, provided, however,' that if within 15 days the motion for rehearing accompanied by a proper recognizance, as authorized by article 923, C. C. P., is filed, the appeal may be reinstated. The appeal is dismissed.

On Motion to Reinstate Appeal.

According to the testimony of Sidney Wilson, the alleged purchaser, he bought from the appellant a bottle of corn whisky, which was delivered to Rice.. The sheriff received the bottle of liquid from Rice, and it was introduced in evidence upon the trial. The liquid was analyzed, and shown to be usable as a beverage, and to contain 35 .per cent, alcohol. The special charges to the effect that the liquid analyzed was not shown to have been the sdme as that sold to Wilson by the appellant were properly refused. The evidence of identity was sufficient to authorize the submission of the question to the jury. Moreover, the witness Wilson testified that the liquid which he purchased was whisky. The motion to reinstate the appeal is granted, the dismissal is set aside, and the judgment is affirmed.  