Court of Criminal Appeals of Texas February 10, 1926, No. 9853. (Stafford v. State)

BERRY, Judge.

The offense is possession of a still. The punishment is one year in the penitentiary.

The evidence on motion for new .trial is certainly overwhelming if not undisputed, that the district attorney agreed with counsel for defendant that he would recommend a suspended sentence, and in the event the jury failed to suspend the sentence, then appellant would be given a new trial.