
    EASON v. STATE.
    (Court of Criminal Appeals of Texas.
    March 19, 1913.)
    1. Indictment and Information (§ 137)— Quashing Information — Grounds—Sufficiency.
    That a complainant swore positively to a sale, instead of alleging that he had reason to believe and did believe that a sale was made, was not ground for quashing a complaint and information for unlawfully selling intoxicating liquors.
    [Ed. Note. — Por other cases, see Indictment and Information, Cent. Dig. §§ 480-487; Dec. Dig. § 137.]
    2. Indictment and Information (§ 137)— Quashing Information — Grounds.
    That a complaint and information for unlawfully selling intoxicating liquors did not negative the fact that the sale was on a prescription was not ground for quashing it.
    [Ed. Note. — Por other cases, see Indictment and Information, Cent. Dig. §§ 480-487; Dec. Dig. § 137.]
    Appeal from Gonzales County Court; W. B. Green, Judge.
    Prank D. Eason was convicted of crime, and he appeals.
    Affirmed.
    C. E. Lane, Asst. Atty. Gen., for the State.
    
      
      For other oases see same topic and section NUMBER in Dec. Dig. & Am, Dig. Key-No. Series & Rep’r Indexes
    
   HARPER, J.

Appellant was convicted of the offense of selling intoxicating liquors in prohibition territory, and his punishment assessed at a fine of $25 and 20 days’ confinement in jail.

There are no bills of exception and no statement of facts accompanying the record. However, appellant moved to quash the-complaint and information on two grounds, and these should be considered: First, because complainant swears positively to a. sale, instead of alleging “that he has reason to believe and does believe.” This presents no ground to quash, and neither does the second, that the complaint and information does not negative the fact that a sale was not made on prescription, etc.

The judgment is affirmed.  