Carruth v. State

This prosecution was upon an affidavit and complaint, in above-named court, and charged a violation of section 7% of the General Revenue Law, Acts 1927, p. 139; the specific charge was that he did engage in the business of selling fruit from a railroad car without a license and contrary to law.

On appeal, and for the first time, it is insisted that the complaint or affidavit is defective, and that this court should so hold, notwithstanding no objection to the complaint by demurrer or otherwise was interposed.

This the court cannot do. Under the elementary rules of practice, the complaint not…