
    ROBINSON v. STATE.
    No. 17089.
    Court of Criminal Appeals of Texas.
    Jan. 16, 1935.
    N. P. Reid, of Wharton, for appellant.
    Lloyd W. Davidson, State’s Atty., of Austin, for the State.
   KRUEGER, Judge.

The offense, possessing spirituous liquor for purpose of sale; punishment, confine-fment in penitentiary for term of one year,

At a former day of this term of this court, we reversed the judgment of the trial court in this case and ordered the prosecution dismissed because of what we then believed to be a defective indictment. The state, by a motion for rehearing, has called our attention to the fact that we inadvertently overlooked the word “spirituous” in the indictment. We have re-examined the indictment and find that it is sufficient in that it does charge the appellant with the unlawful possession for the purpose of sale of spirituous liquors capable of producing intoxication.

Therefore, the state’s motion for rehearing is granted, the original opinion reversing this ease and ordering the prosecution dismissed is withdrawn, and the judgment of the tidal court is affirmed.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and approved by the court.  