State v. Reed

Appellee was charged by affidavit, before a justice of the peace, with selling intoxicating liquor to a “person at the time in a state of intoxication, knowing him to be in a state of intoxication,” in violation of §573 of an act concerning public offenses, approved March 10, 1905 (Acts 1905, pp. 584, 720, §2219 Burns 1905). He was tried and convicted, and appealed to the court below, where he filed a plea in bar, averring, in substance, that before the affidavit in this case was filed, but on the same day, appellee had been placed upon his trial, upon an affidavit charging him with giving…