
    (85 Tex. Cr. R. 158)
    VENN v. STATE.
    (No. 5279½.)
    (Court of Criminal Appeals of Texas.
    March 5, 1919.
    On Motion for Rehearing, April 2, 1919.)
    1. Criminal Law <&wkey;101(4) — Transfer of Cause — Finding of Indictment.
    An order of the district court transferring a case to county court, reciting that grand jury came into open court and through- their foreman delivered to the court the following indictment, to wit: “The State of Texas v. Will Venn, File No. 4558” — sufficiently shows -that indictment was filed in district court.
    2. Criminal Law &wkey;>101(4) — Transfer of Causes from District to County Court-Bill of Costs.-
    A bill of costs accruing in the district court, which accompanies an indictment in its transfer to the’ county court, need not be itemized.
    3. Criminal Law 1091(2) — Review— Bills of Exception.
    Bills of exceptions must be complete in themselves and' point out the error complained of without the necessity for reference or resort to other parts of the record.
    4. Intoxicating Liquors <&wkey;236(l) — Local Option — Unlawful Sales — Sufficiency of Evidence.
    In a prosecution for a violation of the local option law, evidence held sufficient to sustain a conviction.
    Op Motion for Rehearing.
    5. Indictment and Information «&wkey;176 — Issues.
    The date alleged in an indictment for violation of the local option law is not binding, and the state may show any date within the period of limitation as the date of the sale on which it elects to seek a conviction.
    6. Criminal Law &wkey;>1091(4) — Bills of Exception — Evidence.
    A bill of exceptions, containing an objection that evidence that defendant bought whis-ky a year before the alleged sale of a less quantity was too remote, was insufficient to show error, where the bill did not show the date of the sale sought to be proved by the state.
    7. Criminal Law <&wkey;1091(4) — Bills oe Exception.
    An objection in a bill of exception that certain evidence objected to was not admissible under the issues is too general for consideration, where the bill does not show what the issues in the case were.
    8. Criminal Law <&wkey; 1091(4) — Matters Reviewable — Bills op Exceptions.
    An objection in a bill of exceptions that certain evidence was prejudicial is too general for consideration, when followed by no statement showing how or in what manner it was prejudicial.
    9. Intoxicating Liquors <&wkey;233(2) — Illegal Sales — Evidence—Possession op Liquor.
    In a prosecution for a violation of the local option law, evidence that'prior to sale defendant had purchased large quantities of liquors was not inadmissible, in that the liquor bought by him was in quarts and the sale for which he was being prosecuted was only claimed to be in pints.
    10. Criminal Law <&wkey;>1093:, 1144½ — Biles op Exception — Presumptions.
    The utmost legal effect that can be given bills of exceptions which are not in themselves sufficient to show not only the objection, but also the facts showing the propriety of such objection, is to consider them in the light of general demurrers, from which it must follow that every -reasonable intendment in favor of the legality of that to which objection is.made must be indulged.
    Appeal from Upshur County Court; W. H. McClelland, Judge.
    Will Venn was convicted of a violation of the local option law, and he appeals.
    Affirmed.
    Briggs & Florence, of Gilmer, for appellant. ,
    E. A. Berry, Asst. Atty. Gen.,.for the State.
   LATTIMORE, J.

In this case appellant was tried in the county court of Upshur county for violation of the local option law, and his punishment fixed at a fine of $50 and 30 days in jail.

- [1,2] I-Iis first complaint is of the action of the trial court in overruling his plea to the jurisdiction upon the ground that the order transferring the case from the district, court to the county court does not show that the indictment was filed in the district court, and does not contain an itemized bill of costs. We think appellant is in error in his first contention. The certified copy of the proceedings had in the district court which is in the record from the certificate of the clerk of the district court appears to us to be in sufficient- compliance with the statute. The order of the court directing the transfer, as set out therein, seems to have been made in the cause of the State of Texas v. Will Venn “No. 4558.” Said order recites that the grand jury came into open court, and through their foreman delivered to the court the following indictment, to wit: “The State of Texas v. Will Venn, file No. 4558.” The bill of costs shown in said certified copy of the proceedings appears under the style of “The State of Texas v. Will Venn, No. 4558.” We think this sufficiently shows that-the indictment was filed in the district court. An examination of the statute, requiring that a bill of costs accruing in the district court accompany the 'indictment in its transfer to the county court, does not specifically require that such bill of costs be itemized, and we are cited to no authority holding that the same must be so set out. We have accordingly overruled this contention.

There are a number of bills of exceptions in the record complaining of the action of the trial court in admitting certain testimony. The grounds of objection are too general to demand consideration. That one bought whisky in quantities large or small a year before the alleged sale of a less quantity might become very material in some cases. No facts are stated in said bill of exceptions which would enable us to pass intelligently upon the same. It is- a well-settled rule that such bills must be complete in themselves, and point out the error complained of, without the necessity for reference or resort to other parts of the record. Clayton v. State, 67 Tex. Or. R. 311, 149 S. W. 119.

The motion for new trial complains of the fact' that the evidence is wholly insufficient to support the verdict of guilty. An examination of the testimony of the one witness who testified for the state as to the immediate facts attending the sale, shows that he asked the appellant if he could get him some-whisky, to which appellant replied that he thought he could; that witness gave appellant some money, and he went away and came back directly and delivered him some whisky. Upon the direct question as to whether it was whisky witness said, “Yes, sir; he sold it for whisky.” He further said that it tasted to him like it was one-half whisky and one-half tobacco juice. The appellant denied selling the witness anything. The court submitted the matter fairly to the jury, and they have decided the case against appellant’s contention. We think there is .evidence justifying the verdict.

There being no other errors found in the record which we can consider, the judgment of the lower court is affirmed.

On Motion for Rehearing.

This ease coinés before us upon appellant’s motion for rehearing, and it is courteously, but urgently, insisted that we were wrong in our former opinion, in holding that the bills of exceptions, shown in the record complaining of the admission of the evidence given by the witness Tabb, were not so framed as to entitle the same to our consideration. In view of this insistence of able counsel in said motion we have again examined each of said bills so taken to the testimony of the state, showing the receipt by appellant of quantities of whisky on four occasions at dates prior to that of the alleged sale in the instant case. The objections to said evidence appear to be substantially the same in each instance as set out in the bills, to wit: That it was too remote to have any connection with the case on trial; it was not admissible under the issues herein; was prejudicial;’ and showed purchases in quart quantities when the alleged sale was of a pint.

It has been often decided by this court that, to be sufficient, a bill of exceptions must set out enough of the proceedings in the court below to make it apparent that error was committed, without the necessity of a search through the remainder of the record for matters to supplement the facts stated in the bill. In other words, all that is necessary to disclose the error complained .of must appear from the bill itself. Thompson v. State, 29 Tex. App. 208, 15 S. W. 206; Tweedle v. State, 29 Tex. App. 586, 16 S. W. 544; McGlasson v. State, 88 Tex. Cr. R. 851, 43 S. W. 93; Livar v. State, 26 Tex. App. 115, 9 S. W. 552; Wilkerson v. State, 31 Tex. Cr. R. 86, 19 S. W. 903; Wright v. State, 36 Tex. Cr. R. 35, 35 S. W. 287; Monk v. State, 44 S. W. 1101. An inspection of •each of these bills discloses that it is impossible for this court to tell therefrom whether the evidence objected to was in fact too remote, for no date is stated in said bills as being that on which the state was attempting to show a sale. It is well settled that the date alleged in the indictment is not binding, and that the state may show any date within the period of limitation, as the date of the sale on which it elects to seek a conviction. To be sufficient on this point, each of said bills should have shown the date of the sale sought to be proven by the state, in order that the question of remoteness of the purchases or receipts complained of might appear. ■ We trust this is clear.

The objection that the evidence objected to was not admissible under the issues herein is clearly too general. No statement is made in either, of the bills as to what are the issues herein, so that this court might be able from the bill to determine the question raised. It was clearly an issue as to whether or not appellant had any whisky within the period of limitation, which fact he might have denied as far as the allegations of said bills disclose. If, by way of inducement, he had claimed that he had gotten some whisky within the period of limitation, but no more than he wanted or needed for personal use, it might easily have been an issue as to whether or not he had so received more than he needed for personal use. Illustrations ad infinitum might be multiplied to show various hypotheses as to issues which might have been raised upon such a trial, but we do not deem them necessary.

The objection made that the evidence was prejudicial is not only general, but is followed by no statement of the bill showing how or in what manner same was prejudicial. Wilson v. State, 63 Tex. Cr. R. 81, 138 S. W. 409; Leggett v. State, 62 Tex. Cr. R. 99, 136 S. W. 784; Black v. State, 68 Tex. Cr. R. 151, 151 S. W. 1053; Vick v. State, 71 Tex. Cr. R. 50, 159 S. W. 50; Eads v. State, 76 Tex. Cr. R. 647, 176 S. W. 574; Galan v. State, 76 Tex. Cr. R. 619, 177 S. W. 124. We can see nothing in the remaining part of the objections made, to wit, that the purchase or receipt was in quarts and the sale only claimed to be in pints.

It is held by our court that if the allegations of the bill be such as to necessitate resort or reference to other parts of the record, in order to ascertain or .determine whether the ground set out is or is not well taken, the bill is insufficient. Williams v. State, 67 Tex. Cr. R. 590, 150 S. W. 185; Banks v. State, 62 Tex. Cr. R. 552,138 S. W. 406; Campbell v. State, 63 Tex. Cr. R. 595, 141 S. W. 232, Ann. Cas. 1913 D, 858; Harrison v. State, 69 Tex. Cr. R. 291, 153 S. W. 139; Williams v. State, 195 S. W. 860.

The utmost legal effect that can be given bills of exceptions which are. not within themselves sufficient to show, not only the objection, but also the facts showing the propriety of such objection, is to consider them in the light of general demurrers, from which it must follow that every reasonable intendment in favor of the legality of that to which objection is made must be indulged; and, if there be any tenable hypothesis to which such matter so attacked is pertinent, the well-known presumptions in favor of the correctness and legality of the actions of the court until the contrary is shown will obtain, and such bills will not be sustained.

The- authorities cited in the motion for rehearing bear upon the question of the admissibility of the evidence of the witness Tabb, and not upon the question as to whether' the bills of exceptions properly present here' the question of the court’s error in admitting such evidence. This disposes of all the questions raised in the motion. It- is to- be regretted if adherence to the established rules of the courts as to such matters prevents consideration of hills setting up objections which might have been urged if properly presented in a .particular case; but these rules have' been so often announced, and the necessity for following them is so obvious, we did not go into these questions at length in the original opinion.

No error of this court in its former opinion having been shown, and believing the same to be correct, appellant’s motion for rehearing will be overruled. 
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