Conviction is for the transportation of intoxicating liquor in dry area, punishment assessed being a fine of $500.00 and 30 days in the county jail.
The record contains no notice of appeal as is required by Art. 827 C. C. P.
The appeal is dismissed.
ON APPELLANT’S MOTION TO REINSTATE APPEAL.
Appellant has filed herein supplemental transcript correcting the record, which failed to contain a notice of appeal entered of record. Accordingly, his motion to reinstate the appeal is granted.
We are asked to reverse the case on the ground that the complaint was not sworn to or certified by any person. The record does not sustain this contention.
The other ground presents the contention that there is a variance between the complaint and information. The complaint, signed and sworn to by J. T. Morgan on the 7th day of May, 1948, charges the unlawful transportation of “whisky and wine.”
The pleading is awkward and subject to criticism, but we are unable to find a conflict. We do not think there is authority for sustaining appellant’s contention in this respect.
The court’s charge further confuses the issue but no complaint was lodged against it and, consequently, that matter is not before us for consideration.
The case is now considered on its merits and the judgment of the trial court is affirmed.