
    Ex parte OATES.
    (No. 6688.)
    (Court of Criminal Appeals of Texas.
    Nov. 23, 1921.
    Rehearing Denied March 22, 1922.)
    Ex parte Leland Oates. On application for writ of habeas corpus. A preliminary writ was granted.
    Application denied, and relator remanded to custody.
    See, also, 234 S. W. 675.
    Burkett, Anderson & Orr, of Eastland, for relator.
    J. L. Goggans, City Atty., and E. L. Ha-worth, Asst. City Atty., both of Breckenridge, and R. G. Storey, Asst. Atty. Gen., for the State.
   DATTIMORE, J.

For the reasons set forth by us" in cause No. 6687, Ex parte C. J. Oates, 238 S. W. 930, this day handed down, the application herein will be denied, and relator remanded.

On Motion for Rehearing.

For the reasons stated in an opinion on rehearing this day handed down in cause No. 6687, 238 S. W. 930, a companion case hereto, the appellant’s motion for rehearing will be overruled.

MORROW, P. J.

(dissenting in part).

Whether subdivision “e” of article 634, Vernon’s Ann. Pen. Code 1916, refers to a specific act of the unlawful sale of intoxicating liquor or relates to a course of conduct establishing the status of one engaged in the business of making unlawful sales of intoxicating liquor is a matter upon which the writer entertains some doubt.

Conceding that it refers to a status, and not to an individual transaction, no fault is found in the disposition of the matter in the attached opinion. A discussion of the matter by the writer is not deemed necessary further than to say, in view of his state of mind touching the interpretation of the statute, that it is his desire to refrain from giving full sanction thereto.  