Davis v. State

Police officers of the city of M'uncie searched appellant’s home for intoxicating liquor. They found an empty pitcher and glass which, according to their testimony, had the odor of alcohol, but there was no other evidence that there had been any alcohol or other fluid in either the pitcher or the glass.

From a judgment upon the jury’s verdict of guilty assessing a fine and thirty days imprisonment for the unlawful possession of intoxicating liquor, under §4, ch. 48, acts of 1925, §2717 Burns 1926, appellant has appealed, assigning as error the overruling of his motion for a new trial, in which…