
    Eugene POWELL v. STATE.
    (No. 8719.)
    (Court of Criminal Appeals of Texas.
    May 21, 1924.
    Rehearing Denied June 25, 1924.)
    Appeal from District Court, Denton County; C. R. Pearman, Judge
    Baskett & De Lee, of Dallas, for appellant.. Tom Garrard, State’s Atty., and Grover C. Morris, Asst. State’s Atty,, both of Austin, for the State.
   LATTIMORE, J.

Appellant was convicted in the district court of Denton county 'of manufacturing intoxicating liquor, and his punishment fixed at one year in the penitentiary. The record is before us without any statement of facts. The indictment is in regular form, and the charge of the court presents the law applicable to the offense, and we Bnd no merit in the exceptions taken to the court’s charge. We are unable to appraise the weight of any of them, in the absence of a statement of facts.' An. affirmance is ordered.

On Motion for Rehearing.

There is but one question raised in appellant’s motion for rehearing, viz. that the trial court erred in failing to require the jury to believe that liquor “capable of producing intoxication” was manufactured by appellant. The charge of the court below specifically instructed the jury .that before they could find a verdict of guilty they must believe that appellant manufactured whisky. It has been often held by this court that whisky is intoxicating liquor. The objection to the charge of the court is without merit. The motion for rehearing will be overruled.  