
    Townie PRESCOTT v. STATE.
    (No. 7371.)
    (Court of Criminal Appeals of Texas.
    June 27, 1923.
    Rehearing Denied Oct. 17, 1923.)
    Appeal from District Court, Brazos County; W. C. Davis, Judge.
    Buffington & Leigh, of Anderson, and Henderson & Ranson, of Bryan, for appellant. R. G. Storey, Asst. Atty. Gen., for the State.
   MORROW, P. J.

The conviction is for the unlawful transportation of intoxicating liquor; punishment fixed at confinement in the penitentiary for one year.

This is a companion case with that of Szymanski v. State, which is reported in 93 Tex. Cr. R. 631, 248 S. W. 380. The appellant Prescott was a companion of Szyman-ski, and the facts of the two cases are identical; likewise the legal questions involved.

Without reiterating' them, an affirmance of the judgment is ordered.

On Motion for Rehearing.

LATTIMORE, J.

We have again reviewed the facts in this case and are unable to arrive at any different conclusion from that formerly reached by us. While the car in which the liquor was being conveyed was actually driven by Szymanski, it and its contents seem to have been under the control and direction and in the possession of this appellant, and the facts amply support the proposition .that he was equally if not more implicated in the transportation of the liquor in question than any one else. Nor can we agree to the proposition that there was not sufficient evidence before the jury to justify them in believing the liquor intoxicating in character.

Appellant’s motion for rehearing will be overruled..  