Gus Bell v. The State.
No. 5545.
Decided December 10, 1919.
Manufacturing Intoxicating Liquors—Plea of Guilty—Practice in District Court.
Where defendant pleaded guilty to the offense of manufacturing intoxicating liquors, his contention, in his motion for new trial, that the liquor was not shown to be intoxicating, was utenable, as his plea o£ guilty admitted all the criminating facts; besides, the statement of facts showed that the liquor was intoxicating.
Appeal from the District Court of Smith. Tried below before the Hon. J. R. Warren, judge.
Appeal from a conviction of unlawfully manufacturing intoxicating liquors; penalty, one year imprisonment in the penitentiary.
The opinion states the case.
No brief on file for appellant.
Alvin M. Owsley, Assistant Attorney General, for the State.
LATTIMORE, Judge.
—Appellant plead guilty in the District Court of Smith County, of the offense of manufacturing intoxicating liquor, and was given a penalty of one year in the penitentiary.
A motion for a new trial was filed, upon the grounds that the liquor was not shown to be intoxicating, and that it was not shown that the same was not made for sacramental purposes.
A plea of guilty, under our .practice, admits all the criminating facts alleged, and evidence-is admitted only for the purpose of en*364abling the jury to determine the penalty. However, the evidence in the statement of facts in this case, shows that the liquor was intoxicating.
The charge of the court and the indictment appear to be in accordance with the law, and finding no error, the judgment of the lower court is affirmed. "
Affirmed.