
    STATON v. STATE.
    (No. 6758.)
    (Court of Criminal Appeals of Texas.
    April 5, 1922.)
    Criminal law <§=l 184 — Conviction on indictment defective as to one count reformed, to apply only to good count.
    Where an indictment charged unlawful possession and unlawful transportation of intoxicating liquor in separate counts and was defective as to the former, judgment on a general verdict of conviction will be reformed on appeal so as to apply only to the latter offense.
    Appeal from District Court,' Franklin County; R. T. Wilkinson, Judge.
    Murry Staton was convicted of unlawful transportation and unlawful possession of intoxicating liquor, and he appeals.
    Judgment reformed to apply to the former offense only, and affirmed.
    R. G. Storey, Asst. Atty. Gen., for the State.
   MORROW, P. J.

Appellant appeals from a judgment condemning him to confinement in the penitentiary for a period of one year.

In separate counts in the indictment, appellant was charged with the unlawful- transportation of intoxicating liquor and with the unlawful possession of such liquor. He entered a plea of guilty, and the evidence introduced shows, without controversy, that the appellant and one Mayfield wej;e on the public road in a wagon in which there were 30 gallons of corn whisky; that appellant claimed to have owned the wagon and was driving the team.

The indictment for possessing intoxicating liquor is defective; that for transporting it is without fault. There was a general verdict, which was applied to both offenses. The judgment will be reformed and made to apply to the offense of unlawfully transporting intoxicating liquor. For precedents on the subject, see Pitner v. State, 37 Tex. Cr. R. 272, 39 S. W. 662; Rozier v. State (Tex. Cr. App.) 234 S. W. 666; Epps v. State, No. 6834, not yet [officially] reported, 238 S. W. 652.

The judgment is reformed and affirmed.  