
    Fred Gleason v. The State.
    No. 9395.
    Delivered April 15, 1925.
    Transporting Intoxicating Liquors — No Statement of Facts.
    No statement of facts nor bills of exceptions appear in tbe record. The defensive theory as charged by the court, indicates that appellant had in his automobile 250 gallons of alcohol, and thirty quarts of liquor at the time of his arrest, and perhaps accounts for the extreme penalty assessed by the jury.
    Appeal from the District Court of Harrison County. Tried Below Before the Hon. P. O. Beard, Judge. ,
    Appeal from a conviction for transporting intoxicating liquor; penalty, five years in the penitentiary.
    No brief filed by appellant.
    
      Tom, Garrard, State’s Attorney, and Grover C. Morris, Assistant State’s Attorney, for the State.
   HAWKINS, Judge.

Defendant is under conviction for the unlawful transportation of intoxicating liquor. Punishment is five years in the penitentiary.

No statement of facts accompanies the record and no bills of exception appear therein. In such condition nothing is presented to this court for review. There is nothing in the record to throw light upon why the extreme penalty was assessed save an inference from a defensive charge which instructed the jury that if defendant was "driving the automobile along the public road without knowledge upon his part that it contained 250 gallons of alcohol and thirty quarts of liquor they would find him not guilty.” This charge indicates that a large quantity of liquor was being transported and perhaps accounts for the extreme penalty.

The judgment properly applied the indeterminate sentence law.

There is nothing to indicate error occurring upon the trial

The judgment is affirmed.'

Affirmed.  