McDaniel v. State

Appellant was prosecuted on the charge of having in his possession and using a still and distilling apparatus for the manufacture of intoxicating liquor in violation of law, on March 3, 1923, after ch. 33, Acts 1923 p. 107, had taken effect. He was found guilty and was sentenced to im prisonment for not less than one nor more than five years. Overruling his motion for a new trial is properly assigned as error. Appellant has also assigned as error that the affidavit does not state facts sufficient to constitute a public offense. But the sufficiency of an affidavit or indictment cannot…