Lencionia v. State

Appellant was prosecuted upon an affidavit in three, counts, the first count charging unlawful possession of intoxicating liquor; the second, unlawful selling; and the third, maintaining a nuisance, under §§1, 24, ch. 48, Acts 1925, §§2717, 2740 Burns 1926. He was tried by the court, which found him guilty as charged, but rendered judgment only on the offenses charged in counts one and two.

The only error assigned is the overruling of appellant’s motion for a new trial, in which he alleges that the finding is not sustained by sufficient evidence. Under this assignment appellant contends: (1)…